A specialized EB2 NIW lawyer has the in-depth knowledge to define your strategy and maximize your chances of success. They stay up-to-date with the latest immigration laws and regulations to ensure your application is in compliance.
Generally, the EB2 national interest waiver (NIW) is available to professionals with advanced degrees or aliens who possess exceptional ability in science, arts, or business. This is a special alternative to the traditional employment-based green card process that requires a job offer and labor certification. Go there.
Assess Your Case
An EB-2 NIW lawyer will thoroughly assess your credentials and accomplishments, as well as your field of endeavor to determine whether you meet the NIW category criteria. They can advise you on obtaining strong recommendation letters, and help you gather documentation such as publications, awards, and contributions that showcase your exceptional abilities and how they benefit the United States.
One of the benefits of the NIW process is that unlike other employment-based visa categories, you do not need a sponsoring employer. However, the NIW category has stringent eligibility requirements, and it is important to have professional guidance to increase your chances of success.
Applicants must prove that their work is of national interest and that, on balance, it would be beneficial to the United States to waive the requirement of a job offer and labor certification under EB2. Murthy Law Firm has extensive experience in this area.
Prepare Your Petition
An EB2 NIW lawyer can help you prepare your NIW petition and other supporting documents. They can also assist with ensuring that all documentation is complete and that all USCIS requirements are met, minimizing the risk of delays or denials.
The NIW process allows foreign nationals with advanced degrees or who have exceptional ability in the sciences, arts, or business to petition for permanent residence without the need for a job offer and labor certification. Murthy Law Firm can explain the EB2 NIW visa options and assist you in filing your NIW petition.
NIW applications are complex and require significant and detailed documentation. Having an experienced attorney to assist with the application can greatly increase your chances of success. It is not uncommon for USCIS to issue requests for additional information, so it’s important to be prepared to respond promptly and comprehensively.
Filing Your Petition
NIW petitions request that the labor certification requirement for employment-based visas be waived because your work is in the national interest. This is a common option for foreign nationals with advanced degrees or extraordinary ability who can show their endeavor has national importance, has the potential to start an enterprise that will benefit the United States, and that the United States will gain from the endeavor.
Preparing a successful NIW petition can be time-consuming and complicated. It involves preparing and gathering various documentation, including letters of recommendation, publications, evidence of impact, and proof of exceptional ability and national interest.
Once the NIW petition is approved, the foreign national can apply for an adjustment of status, or green card, through USCIS. A niw lawyer can assist with this process by submitting the appropriate forms and providing advice and guidance.
Appeals
In addition to proving that your endeavor qualifies as being in the national interest, you must also be able to prove that your work will have a “national impact.” This requires documentation such as letters of recommendation from peers and colleagues, publications or patents, media coverage, and evidence of economic benefits.
If USCIS issues a Request for Evidence or flatly denies your NIW petition, an experienced EB2 niw lawyer can help you appeal the decision. A successful appeal often depends on a showing that the USCIS officer misapplied the law or misinterpreted your case or the evidence submitted.
Murthy Law Firm can also prepare recommendation letters to support your NIW application. These can be from colleagues, professors familiar with your work, or board advisers and co-founders of your company who can vouch that you meet the NIW criteria.
Adjustment of Status
Applicants should be prepared to be patient, as it may take months or even years for USCIS to review the application. This is because the NIW process involves a significant amount of documentation, and it can be complex and lengthy.
In the EB2 NIW category, foreign nationals with advanced degrees or who have “exceptional ability” in science, arts, business, or education are eligible to receive permanent resident status (green card) through self-petitioning. Unlike the other employment-based categories, this option waives the requirement that an employer sponsor and complete the PERM labor certification.
For more information about the NIW visa process, contact Murthy Law Firm. Our attorneys can answer questions, provide advice, and prepare the required documents to meet your needs. Call now to schedule a consultation!
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