EB2 National Interest Waiver, How to Obtain a Green Card without an Employer/Sponsor Job Offer

Attempting to obtain an employment-based green card can be difficult and usually requires you to show that you have received job offers, have obtained labor certifications, and filled out petitions. Not only does the process involve providing evidence for the aforementioned requirements, it also comes with an extensive waiting time. However, there types of green cards that allow you to circumvent the job offer and labor certificate requirements.

The EB-2 green card is for foreign nationals that hold an advanced degree (a degree above a bachelors) or those who can demonstrate an exceptional ability in the arts, sciences, or business and obtain a National Interest Waiver (NIW).

Exceptional Ability:

• To prove that you meet the qualifications for an exceptional ability in one of the previously mentioned areas, you must provide at least 3 of the following pieces of evidence:
  • An official academic record that shows that you have obtained a degree or certificate in your area of exceptional ability
  • Letters from employers that attest to your having worked in the field full-time for at least 10 years
  • A professional license in your area of exceptional ability
  • Proof that you are a member of a professional association
  • Documents of recognition for achievements awarded to you in your area of exceptional ability

To obtain a NIW:

• The foreign person must show that their permanent residence in the United States would be in the national interest of the United States.

The NIW allows a foreign person to petition for themselves without the involvement of an employer or having to go through the difficult labor certificate application. The requirements for filing an NIW are as follows:

1. You must show that your prospective enterprise has considerable value and national importance. This value can be demonstrated in a variety of areas, like health, education, technology, culture, and many more. You need not show that your enterprise will be economically stimulating, but it may benefit your case.
2. You must show that you are in a position to move forward with their prospective enterprise. The following may be inspected: your educational background, your plans for your enterprise, your present progress, any relevant experience you may have, etc. You need not show evidence that you will succeed, rather that you have the ability to do so.
3. You must provide evidence that the United States would benefit from waiving the job criteria for a normal EB-2.

Letters of recommendation are an important, but not required, component of filing for an NIW that can help bolster your case. Having experts in your field vouch for your work can be demonstrative of your exceptional ability or that admitting you would be in the national interest of the United States.

Along with all of this, there is a long list of documents that you must provide alongside your petition. Obtaining a work visa is a complicated process which can be made much easier by contacting an experienced immigration attorney.

This is an immigration legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.

Email: Kennedycounsel@gmail.com

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