Answers to Five Common Questions on EB-2

A lot of people feel overwhelmed with the idea of having to go through a US immigration interview. In reality, however, not a lot is aware of what happens during adjustment of status, consular processing, or the lengthy and tedious green card process. This is why you should consult with a reliable Florida immigration attorney who can help explain to you what happens in each step.

This article will focus on green cards and how one can get a green card through the National Interest Waiver. Specifically, it will cover:

– What is a permanent resident card?

– What is the National Interest Waiver or NIW?

– What are the qualifications for applying for a green card through NIW?

– What are the required proofs and supporting documents?

– Why do I need a good immigration lawyer?

What is a permanent resident card?

A green card allows a foreign national (who has become a lawful permanent resident) to easily prove his or her permanent resident status. Green cards are issued by the United States Citizenship and Immigration Services (USCIS) office. They have a validity of ten years and could be renewed when necessary upon expiration. An immigrant who has become a green card holder gets to enjoy privileges and that come with permanent residence, as well as relevant rights and responsibilities.

Obtaining a green card is one of the most confusing aspects of the immigration service. One of the more popular options is to get a green card through marriage, to either a US citizen or lawful permanent resident. Immigrants, however, may apply for a green card and obtain lawful permanent residence through other means. 

What is the National Interest Waiver or NIW?

Through the Immigration and Nationality Act, the NIW essentially allows EB-2 immigrants to ‘go around’ the labor certification process (which is a prerequisite when applying to obtain permanent residence). The National Interest Waiver is associated with the second preference EB-2 employment-based category, as stated in relevant immigration policy.

National Interest Waivers are ideal because, through it, the job offer requirement for a green card petition could be waived by the Attorney General. Under these circumstances, an alien may self-petition and proceed with a green card application at the USCIS office. Here, getting immigration assistance from expert Florida immigration attorneys is crucial.

What are the qualifications for applying for a green card through NIW?

US immigration law specifies that a foreign national aspiring for permanent residency through NIW should:

• be an advanced degree professional, a Ph.D. student, or a professional with a minimum of five years post-bachelor degree experience
• be able to sufficiently prove that he or she has exceptional skills and abilities in the arts, business, culture, education, health, science, or technology, or other similar fields
• be working in an area of national importance and substantial intrinsic merit

Keep in mind that the labor certification process was created to protect US workers. If a US worker meets the qualifications of a certain job that he or she can take, having an alien labor certification granted would be extremely difficult. Additionally, employers are not allowed to warrant national interest solely to ameliorate a local shortage of qualified workers. For national interest waivers, there must be a national benefit that is greater than what is meant to be advanced by alien labor certifications.

What are the required proofs and supporting documents?

Given the above, a petitioner under the EB-2 category must be able to prove that waiving the job offer and labor certification requirements will bring about a certain extent of national benefit. In general, school records, research, and publications, documentation of previous engagements, employment records, and plans must be gathered. To be specific, those seeking the waiver should have the following ready for submission:

• Three of the following, for individuals proving exceptional skills and abilities:

– diplomas, transcript of records, certifications from schools, universities, or other higher learning institutions

– certifications, letters, or other documentation of full-time experience, for a specific number of years

– professional licenses, if applicable

– payslips or pieces of evidence of remuneration, salaries, or other forms of compensations

– certifications of membership in professional associations

– documentation of awards or certificates for significant contributions or achievements

• For individuals proving national importance and substantial intrinsic merit:

– proof that one’s work is of national scope and importance, as shown in how it will help improve the economy, current working conditions, housing, the health care system, and/or the environment

– proof that one’s work leads to significant economic growth or quantifiable job creation in a depressed or disadvantaged area

Why do I need a good immigration lawyer?

If you are planning to apply for a green card through the National Interest Waiver, there is paperwork that must be prepared. A hands-on Florida immigration attorney can help ensure that the documents you will submit to the government agency concerned are complete and properly filled out.

For questions on getting a green card through NIW or other aspects of immigration laws relevant to you, call us. Contact us at AmLaw Group to consult with a reliable Florida immigration lawyer.