The United States offers various visa classifications that a foreign national may apply for. Some of these visas are immigrant type visas, such as the EB-2 visa. Some are non-immigrant type visas. Sometimes, when applying for a visa, a job offer must be on the table for the foreign national. The EB-2 visa offers a way around that requirement so that the applicant does not need a job offer or labor certificate. The EB-2 visa allows the foreign national to submit a National Interest Waiver, or NIW for short.
A National Interest Waiver is a great tool because without it, the foreign national would have to rely on an employer petitioning on their behalf. A lot of employers are not willing to take a chance on a foreign national or maybe they don’t want to do all the work that is required to petition on behalf of a foreign national.
The best way to get around this requirement is to submit the National Interest Waiver. This way, the foreign national is not relying on an employer to help them obtain a visa to enter the United States.
The Eb-2 visa is a visa for exceptional candidates and it fall upon the foreign national to show how exceptional they really are. They must show why they are special and how they are different from other EB-2 candidates. The more evidence the foreign national can show of their exceptionalism the better their application will look.
In the United States education is important. Having obtained an advance degree is a great start for a foreign national to show how exceptional they are. However, if the foreign national has not obtained a PhD that does not necessarily mean their application will be rejected. The United States government looks at the whole package.
It is important for the foreign national to know that it is their responsibility to make their packet look the best, to have the best documentation to help them stand out from the other numerous applicants. This is where a competent and experienced immigration attorney comes in handy. With the guidance of an attorney, the foreign national will be able to submit the best application possible.
For the NIW to be granted, the foreign national must show three things:
The first requirement is that the alien must show that his/her proposed endeavor is considered to have substantial merit and national importance. The second requirement is that the foreign national must be able to advance the proposed endeavor. The final requirement is that the applicant must present evidence that the U.S. would benefit on balance to waive the job offer criteria for an EB-2.
There are many fields that have national importance. Healthcare, business, education, technology, etc. What this means is that the government provides many opportunities to recruit the very best in various fields from around the world. The foreign national just needs to think about how their work may impact the United States nationally.
The second prong is a little easier to accomplish once the first prong has been met. This is because the foreign national may show that they can use their knowledge and experience to help in their field of work. However, even proposing innovative ways of solving problems in their field of expertise may help meet this requirement. This is because all fields of endeavor are always changing and looking to be more efficient.
Finally, the last prong calls for the foreign national to show that their work will benefit the United States. This does not mean that their work will succeed. It just means that it has the potential of benefiting the United States.
Lastly, the EB-2 NIW visa allows the family members of the applicant to accompany them to the United Stated. This benefit is extended to the applicant’s spouse and children, so long as they are below the age that the United States has set at the time of applying.
Family Based Green Card Application
When it comes to family based green card applications, it is important to note that not all applications will be treated the same. That is because there are different priorities that the United States Citizenship and Immigration Services (USCIS) has set depending on what the relationship is between the petitioner (sponsor) and the beneficiary. USCIS also takes the location of where the beneficiary lives (inside the US or outside the US) into consideration. Immediate relatives of the sponsor, such as a spouse and unmarried children under the age of 21 usually have a faster time obtaining their green card. There is also no cap to the number of green cards that the US may provide immediate relative applicants.
Before starting the immigration process, it is advisable to seek legal guidance from an experienced and knowledgeable 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.
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