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EB2-NIW VISA
AT KABIR INTERNATIONAL GROUP
We understand that change is not always easy. Since our founding, we have helped companies of all sizes respond to industry transitions to remain competitive. Our years of experience have taught us to always make your business success our priority.
Our team of experts is ready to help you develop strategies to not only survive, but to thrive in the future.
We offer business advisory services, with the goal of guiding clients to overcome challenges, increase revenue or grow their business within a local or international framework. Within our services we have created efficient processes to obtain immigration solutions in the USA for entrepreneurs and/or professionals.
Our main office is located in Miami (Florida), but we are organized to be able to serve clients from anywhere in the world. Currently our main markets are: Argentina, Chile, Colombia, Ecuador, Spain, United States, Mexico, Peru and Portugal.
What is the EB-2 National Interest Waiver (NIW)?
EB-2 visas are available to two categories of applicants:
1. Members of professions possessing an advanced degree (or its equivalent). Applicants must be seeking employment in the United States that requires an advanced degree (such as a bachelor's degree plus five years of progressive experience in the field) plus the required job qualifications.
2. Those who can otherwise prove "exceptional ability" in their particular field in the sciences or arts, medicine, business, or athletics particular field in the sciences or arts, medicine, business, or athletics, which will substantially benefit the national economic, cultural, or educational interests or welfare of the United States.
For visas for aliens of extraordinary ability, applicants must be able to prove that their ability is "exceptional. able to prove that their ability is "significantly superior to those ordinarily encountered". ordinarily."
EB2 NIW Visa
For foreign nationals who are highly skilled or possess advanced degrees, there are several options for seeking to obtain a green card in the United States. One of the most desirable methods over the past two years has become a process known as the EB-2 NIW, the employment-based second preference National Interest Waiver (NIW) visa.
While this method of obtaining a green card has existed for many years, the criteria required to prove eligibility made it exceptionally difficult to qualify until late 2016, when the U.S. Supreme Court reinstated the limit on
eligibility, making it much easier for foreign nationals to qualify.
The main advantage of the EB-2 NIW is that it offers a relatively quick route to permanent residency in the U.S. Applicants can obtain residency without employer sponsorship and without having to undergo the cumbersome and lengthy labor certification process.
What is a National Interest Waiver?
Under the standard EB-2 visa process, applicants must follow the Labor Certification process, also known as the Program Electronic Review Management (PERM) process. This is a requirement through the U.S. Department of Labor, in which a market test must be conducted to prove that there are no legal U.S.-based skilled workers for the position in question.
The Labor Certification process can be lengthy and time consuming. An employer filing and sponsoring a green card process must first file a Labor Certification application with the appropriate state agency.
Labor Certification application to the appropriate state agency. Once the application is approved, the employer must begin a recruitment campaign, and then submit the results of the campaign to the state agency. If the Department of Labor agrees that there are no U.S. workers available in the labor market to fill the position based on fair recruitment efforts, a Labor Certification will be issued. The entire process can be as short as six months or as long as three years.
What is a National Interest Waiver?
Alternatively, an individual may request that the Labor Certification requirement be waived because it is in the best interest of the United States to do so. This is known as a "National Interest Waiver," or NIW. If an applicant can prove that it is in the best national interest, both the job offer and the Labor Certification requirements will be waived. The individual can apply to USCIS for an EB-2 visa directly, rather than relying on an employer to apply for an employment-based visa.
There are several key differences between traditional EB-2 cases and EB-2 NIW cases. First, in an EB-2 case, an employer must be the petitioner, with the foreign national as the beneficiary of the petition. In EB-2 NIW cases, a foreign national may file for himself or herself, or an employer may file for him or her. Second, in an EB-2 case, the employer must go through the Labor Certification process with the Department of Labor, which can take a considerable period of time. The Labor Certification process is waived in EB-2 NIW cases. Third, EB-2 cases require a job offer. EB-2 NIW cases waive the labor offer requirement. Fourth, it is generally more difficult to get approved for an EB-2 NIW visa than it is to get approved for an EB-2 visa. However, we have a group of professionals prepared to work on your application and obtain a positive outcome.
The Three-Part Test for a National Interest Waiver
The foreign national's proposed initiative has both substantial merit and national significance; The foreign national is well positioned to advance the proposed initiative; and national significance; The foreign national is well positioned to advance the proposed initiative; and in the aggregate, it would be beneficial to the U.S. to waive the EB-2 labor offer and labor certification requirements.
In 2016, the United States Citizenship and Immigration Services (USCIS) Office of Administrative Appeals issued an opinion that established new guidelines for determining whether an EB-2 visa applicant is eligible for a NIW. In Matter of Dhanasar, USCIS clarified the requirements for receiving a NIW visa, and provided a three-part test that applicants must meet in order to receive a visa.
Under the Dhanasar standards, an applicant must demonstrate the following three criteria:
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The foreign national's proposed initiative has both substantial merit and national significance;
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The foreign national is well positioned to advance the proposed initiative; and
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Overall, it would be beneficial to the U.S. to waive the EB-2 labor offer and labor certification requirements.
The proposed initiative of the foreign national has both substantial merit and national importance
First, in evaluating whether or not a proposed initiative has substantial merit and national importance, USCIS does not limit applications to certain fields, such as science or technology. Foreign citizens of all walks of life can apply as long as they are promoting initiatives that would benefit the United States. USCIS evaluates this criterion by assessing the potential impact of the initiative, through an examination of the importance of the issues that an applicant may address through their initiative.
The foreign national is well positioned to advance the proposed initiative
Education, skills, knowledge and history of success; Model or plan for future activities; Progress toward achieving the proposed initiative; and Interest of potential clients, users, investors, etc. Second, in determining whether or not the applicant is well-positioned to advance the proposed initiative, USCIS will look at several factors. These may include: Applicants do not need to prove that their initiatives will be successful. Instead, they must show that they are in a good position to make your initiative a success. This can often be demonstrated with documents such as a business plan with financial projections.
Taken together, it would be beneficial for the US to waive the EB-2 job offer and labor certification requirements
Third, USCIS will consider whether or not the United States would benefit from the applicant's contributions even if U.S. workers are otherwise available, and whether the national interest is urgent enough to warrant bypassing the labor certification process. In making this assessment, a USCIS adjudicator must balance the national interest in requiring labor certifications to protect US workers against the benefits the applicant would bring to the United States. Factors to consider could include the infeasibility of obtaining a job offer or labor certification, that the applicant's qualifications or proposed career area benefits the United States, and the national interest in the applicant's contributions being "urgent enough" that there is a need. to overlook a labor certification. This can often be accomplished by showing that an applicant has unique and exceptional qualifications.
In addition to meeting the three-part test, the applicant must also prove that they are a member of the professions holding an advanced degree, or a person of exceptional ability in the sciences, arts, or business.
FREQUENT QUESTIONS
1.Who can apply for an EB2-NIW?
Any foreign national can apply for an EB2-NIW visa.
2. What does an EB2-NIW remove?
The EB2 national interest waiver waives the need for a labor certification from the Department of Labor. Labor certification can be expensive and takes time to obtain. This visa also waives the requirement of an offer of employment. However, all other "entry" requirements must be met to be eligible for the visa.
3. What are the educational requirements for an EB2-NIW?
The EB2-NIW visa is available to foreign nationals who have obtained an advanced degree or its foreign equivalent in a professional field. These individuals can also meet this educational requirement with a bachelor's degree and at least 5 years of progressive experience in their field. People who show exceptional abilities in fields like science, technology, mathematics, engineering, arts, business, etc., also qualify for this visa.
What constitutes an advanced degree?
An advanced degree under EB2-NIW is a degree or qualification higher than a bachelor's degree. The applicant can obtain this in the US from a recognized US university or a foreign equivalent of a US advanced degree.
5. What if the applicant only has a bachelor's degree without a master's degree or any other advanced degree?
The USCIS office requires a master's degree or other advanced degree. If a foreign applicant only has a US bachelor's degree or its foreign equivalent, then at least 5 years of post-bachelor's work experience in the field of specialty will be required. If the foreign national applying for this visa also lacks the required work experience, they will need to demonstrate exceptional skills in their field in order to be successful in their visa application.
6. What are the main benefits of applying for an EB2 NIW?
The EB2-NIW has numerous benefits, some of which include:
You don't need a job offer
Labor certification is not necessary
You can apply without a sponsor
Most of these visas are available for most countries.
This means that you do not have to expect visa issuance delays.
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