Mastering the EB2 NIW Process: A Comprehensive Guide to National Interest Waivers

There is a process for applying for permanent residence Employment Based-2 National Interest Waiver (NIW). This process includes filling out specific forms and providing supporting documents to support a petition. In order to successfully obtain an EB-2 NIW, there are several key steps that must be taken. Here is a comprehensive guide to the process:

1. Determine Eligibility: The first step in the EB-2 NIW process is to determine if you are eligible. To qualify, you must have an advanced degree or possess exceptional ability in your field. Additionally, you must be able to demonstrate that your work is in the national interest of the United States.
2. Fill Forms I-140 known as Immigrant Petition for Alien workers, ETA 750b i.e., application for alien employment certification and G-1145 i.e., e-Notification of application/petition acceptance.
3. Supporting documents: You must attach supporting documents that demonstrate the national importance of your proposed endeavor and show that you are exceptional. Examples of supporting documents are petition cover letter, publications, patents, awards, letters of recommendation, and other evidence of your achievements and contributions to your field.
4. Arrange all your documents together with a check or money order for the filing fee of Form I-140. Send your application package to USCIS.
5. Wait for USCIS Decision: USCIS will review your petition and supporting evidence to determine if you meet the criteria for an EB-2 NIW. If approved, USCIS will send you an approval notice i.e., Form I-797.
6. Once your petition is approved, proceed to adjust your status. You will need to fill out additional forms. The two most important forms you need to fill are I-485, Application to Register Permanent Residence or Adjust Status and I-693, report of immigration medical examination and vaccination record. You will receive your Green Card once the former is approved. If you need a document to work before your Form I-485 is approved, you need to fill and file I-765, Application for Employment Authorization. In addition, if you plan to travel outside the United States before you I-485 is approved, fill out form I-131, the application for travel document.
7. If you live outside the United States, you will undergo consular processing at a U.S. embassy or consulate abroad.

In conclusion, the EB-2 NIW process can be a viable option for foreign nationals who wish to obtain permanent residency in the United States. By demonstrating that your work is in the national interest of the United States, you may be able to bypass the traditional labor certification process and achieve your goal of permanent residency.