EB2-NIW USA Green Card Visa for Pakistan
It will surely be good news for Pakistani Nationals that they are eligible for EB2-NIW USA Green Card Visa for Pakistan through National Interest Wavier (NIW) if they have advanced degree or exceptional ability in the business, science, and arts industry. Obtaining an employment-based green card can be a long and intensive process that usually requires job offers, labor certifications, petitions, and long waiting periods. Each different preference level has its own benefits as well as its disadvantages. However, EB-2 NIW (National Interest Waiver) allows EB-2 petitioners by establishing that the foreign national should be granted a “national interest waiver.” The National Interest Waiver (NIW) allows a foreign national to “self-petition,” and file an I-140 form on behalf of himself/herself without the involvement of an employer and a labor certification application.
In simple words, The EB2 NIW (National Interest Waiver) is a visa designed to allow individuals to obtain permanent residency in the United States without a job offer from a US employer, if they can show that they intend to work toward the National Interest of the United States and have a distinguished professional history.
EB2-NIW USA Green Card Visa Eligibility Criteria and Requirements
EB2 Eligibility Criteria
The foremost requirement of the NIW is to show that the individual has either an Advanced Degree (any degree above a baccalaureate degree, including Master’s, MD, Ph.D., or others), a baccalaureate degree, and 5 years of progressive experience, or “Exceptional Ability”. Applicants who fall into one of these categories and whose employment would be in the national interest of the United States may apply for a national interest waiver (NIW) as a part of their EB-2 petition. With an EB-2 NIW visa, the applicant is considered a lawful permanent resident of the United States.
National Interest Waiver (NIW) Eligibility Criteria
The first requirement is that the alien must show that his/her proposed endeavor is considered to have substantial merit and national importance. This merit can be shown in areas like business, science, technology, health, culture, or education. There does not need to be quantifiable evidence of economic impact, though it may help your case. One must keep in mind that meeting this requirement does not create a blanket approval for the field of endeavor and the US government shall review applications on a case-by-case basis.
The second requirement is that the foreign national must be in a position to advance the proposed endeavor. This means that the AAO will look at factors such as the alien’s educational background, experience, relevant skills, a record of similar successes, current progress, and having a plan for success. Petitioners will not be required to prove that their endeavor will succeed, but rather that they are equipped to make it succeed if the opportunity arises.
The final requirement is that the applicant must present evidence that the U.S. would benefit on balance to waive the job offer criteria for an EB-2. “On balance” simply means that the advantages of waiving the job offer requirement outweigh the advantages of not waiving it.
What is Exceptional Ability
You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must meet at least three of the criteria below:
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
- Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
- A license to practice your profession or certification for your profession or occupation
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
- Membership in a professional association(s)
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
- Other comparable evidence of eligibility is also acceptable.
EB2-NIW USA Green Card Visa Processing Time
The NIW green card processing time is typically between 3 to 9 months. Though, this time greatly depends on the assigned USCIS Service Center and the adjudicating officer. Processing times vary as USCIS evaluates each application and supporting evidence on a case-by-case basis.
Advantages/Benefits of EB2-NIW USA Green Card Visa
The key advantages to foreign applicants include:
- Current visa: Foreign applicants gaining USCIS’s approval can apply for an immigrant visa or adjustment of status without waiting for their visa to become current. The word “current” implies that no backlog exists in the EB-2 NIW category.
- Waiver of the job offer requirement: Foreign nationals can self-petition and a job offer is not required for NIW eligibility.
- Waiver of the labor certification requirement: The labor certification requirement does not apply to the EB-2 NIW category.
- The foreign applicant’s spouse and children under 21 as derivatives can also gain U.S. permanent residency under the EB-2 NIW category.
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