1. No job offer or employer sponsor required to obtain the green card.
2. Faster processing time. Labor certification is not required. Potentially significant reduction of the process by up to one year or even longer.
3. No investment is required for the process. The US Citizenship and Immigration Services (USCIS) determines whether your professional profile and what you can bring to the US are in the national interest.
Eligibility for National Interest Waiver (NIW) category is given by satisfying ONE of three statutory requirements:
Except minimum requirements mentioned above, EB2 NIW applicants must satisfy all 3 criteria:
1. Detailed Cover letter
2. Minimum of 5 references letters
3. Newspaper publication if any
4. Detailed CV etc
NIW green card application process requires filing forms in two stages:
1. Form I-140 – Immigrant Petition for Alien Worker
2. Form I-485 – Adjustment of Status
We have considered to file both steps concurrently and reap the benefits of faster process. This would allow us to apply immediately for work (EAD) and travel authorization (Advance Parole).
Finally we filed both stages separately. In case I-140 is denied we would save thousands of dollars paid for second stage (I-485).
EB2 NIW application procedure is described in green card process category.
Yes. Yourspouse and children (under age 21) will also be able to file I-485 Adjustment of Status Application (once your EB-2 priority date is current) as part of your NIW Green Card application process, which will allow them receive their own Green Cards.
Note: Your EB-2 priority date must be current to file your I-485 Adjustment of Status Application together with your NIW I-140. Thus, if you were born in India of China, you cannot do a concurrent filling since EB-2 priority dates for India or China typically are not current in the U.S. Department of State's Visa Bullettin. Rather, you must wait for your EB-2 priority date to become current before you can file your I-485 Adjustment of Status of Application