EB2 NIW Green Card National Interest Waiver

EB2 NIW Green Card National Interest Waiver Lawyer in Chicago

EB2 NIW green card or EB2 National Interest Waiver is a second preference employment based green card category.  Unlike other employment based green cards where an employer’s job offer is needed, such requirement can be waived if your credential or experience can benefit the United States.

EB2 National Interest Waiver Process

Compared to other employment based green card categories, National Interest Waiver petition has a simpler process as it does not require a permanent labor certificate. Permanent Labor Certificate (also known as the PERM process) is an application process that requires hiring employers to prove that there are no minimally qualified US workers available by testing the labor market through a very detailed recruitment process.  Unlike the EB-2(a) green card that goes through the labor certification process, EB-2 NIW green card petitions can skip this PERM process if the foreign national will benefit the national economic, cultural or educational interest, or welfare of the United States.

EB2 National Interest Waiver green card is ideal for foreign nationals who do not have a job offer but nevertheless excel in their fields of endeavors. It is a broad category that can benefit entrepreneurs, scientists, business people, academics, and other professionals.

Who qualifies for EB-2 NIW green card?

• Member of professions;
• Holding an advanced degree or equivalent; or
• Foreign nationals with exceptional ability in the sciences, arts and businesses.

What does “National Interest Waiver” mean? 

The term “national interest” is undefined by status or regulation, it is a broad concept subject to interpretation.  The advantage of leaving it unambiguous allows a more flexible interpretation of what counts for “national interest”.

What does “Advance degree” mean? 

The “advance degree” requirement is met if you have a U.S. master’s degree or its equivalent.

How do I get a National Interest Waiver?

Since the Dhanasar decision in December 2016, the requirements of the NIW petition have since been changed and as of 2021 the following requirements must be presented:

1. the foreign national’s proposed endeavor has both substantial merit and national importance;
2. the foreign national is well positioned to advance the proposed endeavor; and
3. on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

If these three elements are satisfied, USCIS may approve the national interest waiver as a matter of discretion.

What are the advantages of a EB2 NIW green card over PERM process?

• No job offer is needed. You can be self-petitioned.
• No Permanent labor certificate is needed.
• Standard of proof is lesser than EB-1(b).
• If you are not from India or China, the available number of immigrant visa is typically current.
• If the I-140 is filed 365 days before the 6-year limit of your H-1B visa, you may extend your H-1B visa unlimited times while your I-140 is pending. This is often applicable to beneficiary’s born in India or China.
• In some cases, the spouse of the I-140 beneficiary in H-4 status is eligible to apply for an employment authorization card.

Chicago National Interest Waiver NIW Lawyer

Proving national interest in your related field requires extensive evidence and documentation and most importantly professional guidance and legal skills from an experienced lawyer.  The key to a successful self-sponsored green card such as National Interest Waiver requires three crucial factors:

• Your credential;
• Proof of your credential;
• properly present your National Interest Waiver case by applying and using the relevant law and past case laws;
• Do all of the above to maximize your chance of approval.

Customized EB2 NIW Green Card Solutions

We do not believe in cookie cutter templates or one-size-fit-all checklists because each client’s background is unique.  Our EB2 National Interest Waiver attorneys in Chicago guarantee to provide personalized services to our national interest waiver clients by building customized legal strategies. 

We start by getting to know your background, achievements, an overview of your field. We then provide suggestions to prove your exceptional ability. Our strategy is built upon your specific background and not a cookie cutter template checklist.  We also review our clients background for other alternative permanent residence options such as EB-1(a) or EB-2 green cards.

Only lawyers handle your NIW National Interest Waiver Case

Your case will be evaluated, drafted and represented by our immigration attorneys.   Our Chicago NIW lawyers are all highly qualified immigration attorneys. We are extremely skilled in drafting and preparing your NIW case in an effective, comprehensive and result-driven manner.  Our legal team will assist with case assembling and other administrative support. You will be rest assured that our NIW attorneys only focus on doing what they are good at – building the strongest National Interest Waiver case for you.

Accessible in the heart of Chicago

While we assist clients throughout the United States and abroad, we also offer in-person meetings in our Chicago offices.  

• Check out our Chicago Loop Office
• Check out our Lincoln Park Office

Accessible throughout our representation

• personalized service every step of the way from start to finish.
• Unlimited phone and email communication.
• 24/7 online case management app to track the progress of your case.

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• NIW 國家利益豁免
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• Immigration Options for International Students