Introduction:

As the United States continues to attract talented professionals from around the world, many individuals living outside the USA dream of making America their permanent home. Among the various pathways to obtaining a green card, the EB-2 National Interest Waiver (NIW) stands out as a unique opportunity for foreign nationals to self-petition without the need for employer sponsorship. In this blog, AGS Welt explores the comprehensive process and stages involved in the EB-2 NIW application for applicants residing abroad.

Step 1: Determine Eligibility

Before embarking on the EB-2 NIW journey, it is essential to assess your eligibility for this category. The EB-2 NIW is available to foreign nationals who possess exceptional abilities OR hold an advanced degree (Master’s degree or higher) in a field of substantial merit and national importance. Additionally, applicants must demonstrate that their proposed endeavors benefit the United States and that they are well-positioned to advance those endeavors.

Step 2: Extensive Documentation

Supporting your EB-2 NIW application requires a wealth of documentation and evidence that substantiates your qualifications, accomplishments, and the significance of your proposed endeavor. Precise and thorough documentation plays a crucial role in showcasing your eligibility for this immigration category.

Step 3: Legal Consultation

Navigating the intricacies of U.S. immigration law can be overwhelming. Engaging the services of an experienced immigration consultancy is highly recommended. A skilled consultancy can review your case, assess the strength of your application, and guide you through the process of preparing a compelling EB-2 NIW petition.

Step 4: Drafting the Petition 

With the guidance of your immigration consultancy, craft a persuasive EB-2 NIW petition that addresses the three-prong test laid out in the Matter of Dhanasar decision. Highlight the substantial merit and national importance of your proposed endeavor, emphasize your qualifications, and demonstrate how your contributions will benefit the United States.

Step 5: Submission of Form I-140

Once your EB-2 NIW petition is complete, you will need to file Form I-140, Immigrant Petition for Alien Worker, with the United States Citizenship and Immigration Services (USCIS). This form serves as your petition for an employment-based immigrant visa.

Step 6: Paying the Filing Fees

Accompanying the submission of Form I-140 are filing fees that must be paid in accordance with USCIS guidelines. These fees may vary, so it is crucial to consult the USCIS website or your immigration consultancy for accurate and up-to-date information.

Step 7: Wait for USCIS Processing

After submitting your Form I-140, patience is required as you await USCIS processing. USCIS processing times can vary, and it is essential to remain informed throughout this stage.

Step 8: Consular Processing or Adjustment of Status

Depending on your location, the process diverges:
a. Consular Processing: If you are residing outside the USA, consular processing is the next step. This entails obtaining an immigrant visa at a U.S. consulate or embassy in your home country.
b. Adjustment of Status: For applicants already in the USA, adjustment of status allows you to apply for permanent residency without leaving the country.

Step 9: Attend Visa Interview (if applicable)

For those opting for consular processing, attending an immigrant visa interview at a U.S. consulate or embassy in your home country is mandatory. The interview is critical in assessing your eligibility for an EB-2 NIW visa.

Step 10: Obtain Green Card

Upon fulfilling all the necessary steps and meeting the requirements, you will receive your immigrant visa or green card, granting you permanent residency in the United States.

Conclusion:

For ambitious professionals, scholars, and skilled workers residing outside the USA, the EB-2 National Interest Waiver represents a promising pathway to unlock the American Dream. While the process may seem intricate, it can be navigated with the guidance of an experienced immigration consultancy. AGS Welt encourages foreign applicants to explore this unique opportunity and seek professional assistance throughout the EB-2 NIW journey. With dedication, comprehensive documentation, and a compelling petition, aspiring immigrants can embark on a path that leads to permanent residency in the United States.