Written by: Taher Kameli, Esq.
EB-2/NIW: A Golden Path to U.S. Permanent Residency
The United States Citizenship and Immigration Services (USCIS) provides foreign nationals with multiple ways to obtain U.S. permanent residency, one of them being the EB-2/NIW category (employment based green card-second preference for those seeking a national interest waiver). Thanks to the EB-2/NIW category, holders of advanced degrees (Master’s degree or above or Bachelor’s degree plus 5 years of experience in the field) or aliens of exceptional ability in the arts, sciences, or business who benefit the national interests of the United States, can create pathways to U.S. permanent residency. Whether you are a scholar, professor, artist, entrepreneur, sports champion or generally a person with a proven track record of success in related fields, the EB-2/NIW classification is the right fit for you opening up avenues of progress.
In order to obtain approval for the EB-2/NIW petition, the following should be demonstrated:
- An advanced degree (Master’s degree or above or Bachelor’s degree plus 5 years of experience in the field) or exceptional ability in the arts (Under USCIS policy, “arts” encompasses sports as well), sciences or business.
- The foreign national’s proposed endeavor must have both substantial merit and national importance.
- The foreign national must be well-positioned to advance the proposed endeavor; and
- On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.
- No Job Offer Requirement
There is no need to have a job offer and thus, a labor certification to qualify for the EB-2/NIW category. EB-2/NIW applicants whose admission furthers the national interests of the United States, do not have to locate a U.S. employer willing to go through the complex, lengthy and tedious process of labor certification. The labor certification )issued by the U.S. Department of Labor( attests that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment.
- Fast adjudication
Fast adjudication of EB-2/NIW petitions also make this option appealing to many applicants. EB-2/NIW petitions are generally adjudicated within 9 months to one year from the date the petition is submitted to USCIS. In addition, individuals (except Indian and Chinese nationals) will be eligible to apply for an immigrant visa or adjustment of status (if present in the U.S.) after the approval without waiting for their priority date to become current.
The Law Offices of Kameli and Associates and EB-2/NIW Services
Filing a petition for the EB-2/NIW classification can be confusing and complex and even the best and compelling immigration cases may end up failing if not represented by a seasoned and knowledgeable attorney. Effective advocacy, preparing a precise, accurate and thorough petition and compliance with USCIS rules and standards are a must to increase your chances of approval. We at the Law Offices of Kameli and Associates ensure that your case will be at its strongest when it reaches the adjudicator’s hands. Representation of countless clients as well as our impressively high approval rates lend support to our competence in handling immigration cases including EB-2/NIW cases efficiently and successfully.
Should you desire to find out about your eligibility for the EB-2/NIW classification, you can email your resume to [email protected] and our experts will evaluate your chances of approval. Please do not hesitate to contact us at [email protected] or 312.427.0139 for any questions you may have.