Generally, it is more difficult to obtain immigration benefit under EB2 NIW (National Interest Waiver) than the ordinary EB2 because of the additional requirements for "national interest".
What happens when NIW is approved?
After your NIW case is approved, and USCIS has mailed you or your attorney an approval notice, the final step is securing your green card. If an immigrant visa number is available and you have not yet applied for an adjustment of status, this is the time you'll need to do so.
Can NIW be denied?
If your EB-2 NIW is denied, your Employment Authorization will be canceled. You will get a letter from USCIS telling you the basis for the denial, your options, and that you have about 30 days to leave the country. You can avoid this possibility by only applying for the EB-2 NIW petition without adjustment of status.18 Feb 2021
Can NIW be expedited?
How long does USCIS take to process an NIW application? Can I get an expedited decision? NIW petitions are not eligible for Premium Processing.
How long does NIW take to approve?
between 3 to 9 months
How do you qualify for NIW?
- The proposed endeavor has both substantial merit and national importance.
- You are well-positioned to advance the proposed endeavor.
- It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
How do you qualify for EB-2 NIW?
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.
- Letters documenting at least 10 years of full-time experience in your occupation.
Does USCIS verify letters of recommendation?
The letters must corroborate the evidence submitted in the petition. The submission of letters from experts supporting the petition is not presumptive evidence of eligibility; USCIS may evaluate the content of those letters as to whether they support the alien's eligibility.
What happens after EB-2 NIW approval?
Yes, you may change employers after your NIW has been approved. The NIW allows you to self-petition for your EB-2 green card, meaning your status is not tied to a particular job or employer, unlike employer-sponsored categories.
Is premium processing available for NIW I-140?
Yes. Premium processing is available for the Form I-140 classifications indicated on the chart above as long as the case does not involve: Another Form I-140 petition while an initial Form I-140 remains pending; Labor certification substitution requests; and.12 Oct 2021
How many publications EB-2 NIW?
There is no fixed number that one can suggest. Some one may have a top notch publication which every one in the field considers it as best. If such a publication received several awards, magazine reviews etc then just one or two related may be good enough.20 May 2010
How many letters of recommendation do you need for EB-2 NIW?
For EB2 National Interest Waiver petition, an alien applicants may have three to seven reference letters (also called recommendation letters) from experts in a field attesting to the alien's contributions to the field and that "the significant benefit derived from the alien's participation in the national interest