Living and working legally in the United States without a multimillion-dollar investment or a job offer is a real possibility for those who qualify for the green card program.
Although it is the dream of many, immigrating legally to the United States is a privilege for few. For those who do not have a multimillion-dollar investment, a job offer in the United States, or have not been very lucky in an international dating app, there is still a viable and objective option – EB-2 in the National Interest Waiver (NIW) category, also known as EB-2/NIW.
The EB-2 Visa is a type of visa for foreign workers with exceptional abilities in the fields of science, arts, education, business, or athletics. This category is intended for highly talented professionals with extraordinary achievements in their respective fields and allows for obtaining permanent residence in the US.
The National Interest Waiver (NIW) is an option within the EB-2 category offering an alternative route for qualified candidates, without the requirement of a job offer, minimum investment, English fluency, or relationship with a US citizen or green card holder.
1. Exceptional abilities: Candidates must have exceptional abilities in their areas of expertise, proven by significant achievements and recognition.
To become eligible under this criterion, the applicant must meet at least three of the following six requirements:
Valid license to practice the profession;
Official academic record from a higher education institution related to the exceptional skill area;
Letters from current or former employers confirming at least ten years of full-time experience in the occupation of exceptional skill;
Evidence of salaries above the average of workers in the same profession;
Proof of membership in professional associations;
Evidence of recognition for successes and significant contributions to the sector or field of activity;
Other similar evidence.
2. National benefits: This is one of the main points of this category, as, according to the National Interest Waiver, candidates must demonstrate that their presence in the United States will bring significant benefits to the nation, not just to themselves.
The Business Plan accompanies the EB-2/NIW petition and provides detailed information on how the applicant’s professional activity will develop in the United States.
This is an essential item for the process and must present immigration with a realistic and viable plan to help the country’s economy, such as a business overview or skills, services, market and audience analysis, financial plan, among others.
To learn more about the Business Plan, click here.
1. The EB-2/NIW program is not limited to any profession or occupation – meaning – there is no preference for pilots, engineers, dentists, or any other professional.
2. EB-2/NIW is not a visa. On the contrary, the approval of an EB-2/NIW results in a green card, which would lead to possible citizenship upon further qualification.
3. EB-2/NIW does not allow individuals who are already out of status in the United States to receive a green card. This is only possible if the person with exceptional skills has a qualifying relative to apply for a waiver, or pardon of the out-of-status period. Qualifying relatives for the pardon are American citizen or green card holder parents, spouses, or spouses.
4. EB-2/NIW is not guaranteed for the applicant. Developing an impact strategy in defense of the process is essential for those who are ready to invest time and money in this process that can change the life of the green card candidate and their family.
After the approval of the EB-2/NIW visa, the holder can include their spouse and unmarried children under 21 as dependents.
In addition, spouses and dependents will be able to obtain a work permit, allowing them to seek employment in the United States.
If you are a qualified professional and want to seek opportunities in the United States, EB-2/NIW could be the key to opening the doors to success and professional fulfillment on American soil.
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Living and working legally in the United States without a multimillion-dollar investment or a job offer is a real possibility for those who qualify for the green card program.
U.S. citizens over the age of 21 can request the Green Card for their parents, spouse, unmarried or married children of any age, stepchildren, and siblings.
Foreign nationals who marry a U.S. citizen, regardless of gender or orientation, have the right to apply for a Green Card.
Foreign investors looking to establish roots and thrive on American soil must obtain the EB-5 visa, also known as the “Immigrant Investor Visa.”
