1. What is a National Interest Waiver (NIW) Green Card?

A National Interest Waiver (NIW) Green Card is a type of employment-based permanent residence in the United States that allows individuals to self-petition for an employment-based second preference, EB-2 visa. This visa allows individuals who are eligible to work and live in the United States without having to go through the normal labor certification process. To be eligible, the petitioner must prove that their presence in the United States is in the national interest. This can include special achievements in their field or advancing important national interests.

2. How can I qualify for an NIW Green Card?

To qualify for an NIW Green Card, you must demonstrate that you have an exceptional ability in a particular field or are an advanced degree professional. You must also demonstrate that this ability will be of substantial benefit to the U.S. economy, cultural, or educational interests, or that it will further important U.S. government objectives. If you can prove these criteria, then you may be eligible to apply for an NIW Green Card.

3. What criteria must I meet to be eligible for an NIW Green Card?

To be eligible for an NIW Green Card you must meet the following criteria:

• You must have a minimum of 3 years of experience or expertise in the field you are seeking a green card in.

• Your expertise should be of “substantial merit” and benefit the United States.

• You must have a job offer or commitment from a U.S. employer who is willing to sponsor you for the NIW Green card.

• You must be able to demonstrate that there is no qualified U.S. worker who can fill the position that you are being offered.

• You must have a valid passport, and all your documents must be in order.

4. Is there an annual numerical limit on the number of NIW Green Cards granted each year?

No, there is no annual numerical limit on the number of National Interest Waiver (NIW) Green Cards granted each year.

5. How long does the NIW Green Card application process take?

The time it takes for the NIW Green Card application process can vary significantly depending on the individual case. The entire process may take anywhere from 4-8 months, but could take longer depending on the complexity of the case.

6. What are the advantages of having an NIW Green Card?

The main advantages of having an NIW Green Card are:

1. You can live and work permanently in the US.
2. You can apply for US citizenship after five years.
3. You can travel freely in and out of the US without a visa.
4. You are eligible for certain benefits, such as Social Security and Medicare.
5. Your family members can also benefit from your Green Card status.
6. You can apply for jobs with federal agencies that require a US Green Card or US citizenship.
7. You may be eligible for certain US government grants and scholarships that are available only to US citizens or Green Card holders.

7. What are the requirements for renewing an NIW Green Card?

The requirements for renewing an NIW Green Card are:

– You must have a valid and unexpired Green Card.
– You must file Form I-90, Application to Replace Permanent Resident Card.
– You must have a valid passport and two identical photos.
– You may need to provide evidence that you continue to meet the requirements for the NIW category.
– You must pay the filing fee of $455.

8. How do I know if I am eligible to apply for an NIW Green Card?

In order to be eligible for an NIW green card, you must demonstrate that you have extraordinary ability in your field, and that your work is of substantial merit to the U.S. Additionally, you must have obtained at least three out of the ten required documents to prove your extraordinary ability. These documents can include awards, peer-reviewed articles or publications, proof of a high salary or other remuneration for services, and evidence of membership in prestigious organizations. Finally, you must be able to demonstrate that your entry into the U.S. would substantially benefit the national economy, cultural or educational interests, or welfare of the United States.

9. How does my employer and/or educational background affect my eligibility for an NIW Green Card?

Your employer and/or educational background may be taken into consideration when evaluating your eligibility for an NIW Green Card. USCIS will assess if the advanced degree you possess or the work experience you’ve acquired is in a field relevant to the national interest and whether the applicant’s presence in the U.S. would substantially benefit the country. USCIS may also consider the specific contributions your employer or educational institution have made to the national interest, such as research or innovation.

10. What documents do I need to provide in order to apply for an NIW Green Card?

In order to apply for an NIW Green Card, you will need to provide the following documents:

1. A petition letter from your employer or a U.S. employer who intends to employ you in the future;
2. Evidence of your extraordinary ability in the field in which you plan to work;
3. Evidence of recognition for your achievements in the field;
4. A copy of your curriculum vitae or resume;
5. Evidence of any grants, scholarships, or awards you’ve received related to your field of work; and
6. Supporting evidence demonstrating why it would be beneficial for the U.S. to grant you permanent residence.

11. Are any other factors taken into consideration when determining eligibility for an NIW Green Card?

Yes, other factors that are taken into consideration when determining eligibility for an NIW green card include: the alien’s qualifications and the evidence that the alien has made substantial contributions in their field, evidence of recognition of the alien’s achievements by experts in the field, and the national interest of the United States.

12. How much does it cost to obtain an NIW Green Card?

The cost to obtain an NIW Green Card depends on the individual’s case and the attorney fees. Generally, the total fees for an NIW green card application can range from $1500 to $3000 (including attorney fees, filing fees, and other associated costs).

13. Is there a fee waiver available for applying for an NIW Green Card?

No, there is not a fee waiver available for applying for an NIW Green Card. However, you may be eligible for a fee waiver under certain circumstances, such as if you are a refugee or asylee, have been granted asylum, or are a member of a federally recognized tribe.

14. If my application is denied, can I reapply for an NIW Green Card?

Yes, you may reapply for an NIW Green Card if your application is denied. However, you should make sure that any new application addresses the reasons for the initial denial.

15. What is the difference between self-petition for a National Interest Waiver and applying through an employer?

A self-petition for a National Interest Waiver allows the individual to petition for permanent residence without the involvement of an employer. With an employer, a labor certification must first be obtained before applying for permanent residence. Additionally, a self-petition for a National Interest Waiver does not require evidence of an offer of employment or the passing of a labor certification test.

16. Are there any restrictions on travel while my application is pending or after I have received a National Interest Waiver approval?

No, there are no restrictions on travel while your application is pending or after you have received a National Interest Waiver approval. However, if you plan to travel outside the United States while your application is pending, it is important to consult with your attorney to ensure that you will be able to return to the U.S. and continue with the application process.

17. Can I file more than one National Interest Waiver petition at the same time?

It is possible to file multiple National Interest Waiver petitions at the same time, but it is not recommended. The USCIS may deny all of your petitions if it finds evidence of fraud or misrepresentation. Additionally, the USCIS may find that you have not adequately demonstrated the required criteria for the waiver.

18. Can I apply for a National Interest Waiver if I am currently in the United States on a different visa status?

No, you must be outside of the United States to apply for a National Interest Waiver.

19. Is there any way to expedite the processing of my National Interest Waiver application?

No, there is no way to expedite the processing of your National Interest Waiver application. The USCIS typically processes applications within 6 months to a year, depending on the individual case. You may contact the USCIS directly with any questions or concerns about your application.

20. What types of evidence can I submit in support of my National Interest Waiver application?

You can submit evidence such as job offer letters, letters from employers or other organizations, research project proposals, articles published in academic journals, or awards and recognitions. You may also submit other evidence such as documentation of your past accomplishments and experience, letters of recommendation from colleagues or other experts in the field, and proof that you are working in an area of substantial intrinsic merit. Additionally, you may provide evidence that you have a current offer of permanent employment in the U.S., that you will substantially benefit the U.S. economy, or that your presence would be in the national interest of the United States.