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What is an EB2 Legal Permanent Residence (Green Card) with National Interest Waiver (EB-2 NIW)?

The EB2-NIW is an employment-based visa that does not require an employment offer and sponsorship. The NIW stands for “National Interest Waiver.” This means that the U.S. government will waive the requirement of a job offer. The Department of Labor will provide authorization to employ a foreign national if the foreign national’s proposed endeavor benefits the U.S. Thus, a qualified individual can “self-petition” & get a green card based on professional experience and skills.
An EB2-NIW is an immigrant visa that grants a foreign national lawful permanent residency without the requirement of an employment offer. The job offer requirement is waived if the candidate can prove that his permanent residence in the U.S. would be of “national interest” and would benefit the country. Generally, an EB2 visa or other employment- based visas require a formal employment offer for an applicant to be eligible to apply. Additionally, it requires a Labor Certification from the Department of Labor to prove that there is a shortage of the skills possessed by the applicant.

WHO CAN APPLY FOR THE EB2-NIW?

  • Any foreign national can apply for an EB2-NIW visa. We are able to complete a strong application package that checks off all of the requirements and make the appropriate legal arguments. An applicant does not need an employer.

WHAT ARE THE EDUCATION REQUIREMENTS FOR EB2-NIW?

  • The EB2-NIW visa is available to foreign nationals who have attained an advanced degree or its foreign equivalent in a professional field. These individuals can also meet this educational requirement with a Bachelor degree and at least 5 years of progressive experience in their field. Individuals showing exceptional capabilities in fields such as science, technology, mathematics, engineering, arts, business, etc., also qualify for this visa. We are well versed in the requirements and can best assess a candidate’s professional background in order to determine under which category the candidate best qualifies

WHAT CONSTITUTES AN ADVANCED DEGREE?

  • An advanced degree under the EB2-NIW framework is a degree or qualification higher than a bachelor’s degree. The applicant can earn this in the U.S. by a recognized U.S. college or university or a foreign equivalent of an American advanced degree

WHO QUALIFIES FOR AN EB-2 NATIONAL INTEREST WAIVER

  • The following individuals are eligible to apply for an EB2-NIW:
  • A foreign national who meets the educational requirements, and
  • A foreign national meeting the 3 prong test in Matter of Dhanasar decision:
  • The proposed endeavor has substantial merit and national importance.
  • The applicant is capable of advancing the proposed endeavor.
  • Substantial benefits for the “national interest” of the United States.

WHAT ARE THE MAIN BENFITS OF PETITIONING FOR THE EB-2 NIW?

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  • You don’t need a job offer
  • No labor certificate is necessary
  • You can petition without a sponsor
  • You can petition without a sponsor

HOW MANY CITATIONS/ PUBLICATIONS DO I NEED?

The government of the United States does not state a specific number for the required citations/publications. They are, in fact, decided by the USCIS on a case-to-case basis. In order to know more about the number of required citations and publications for your application, it is best to seek professional assistance from an immigration lawyer.

HOW MANY CITATIONS/ PUBLICATIONS DO I NEED?

The EB2-NIW petition does not restrict a person from pursuing other visa options. You can
still submit other petitions while petitioning for an EB-2-NIW. However, you will need to
submit separate forms with the additional fee and documentary evidence.
If you are planning to submit more than one immigration petition at the same time, we can
advise you. That increases the chances of approval.

WHAT IS THE CRITERIA FOR EXCEPTIONAL ABILITY?

  • 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 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.
If you don’t qualify for EB2 NIW, you can apply for EB3, a Direct Green Card in about 24 months with job offer from USA & they are willing to sponsor. Our Recruitment Agency can help find an employer.

APPLYING FOR A GREEN CARD FOR YOUR FAMILY

If your EB-2 NIW petition is approved, your immediate family (your spouse and unmarried
children under 21) may be eligible for admission to the United States.
They can submit applications for a green card as a dependent of the card holder.

Ask yourself These questions...

You have to show to the US government that you are very above average in all aspects of your career, and that you have received awards from your employer, your government. That you are invited to conferences as a speaker, that you are part of professional organizations. We have to convince the US government that you are so good that the government should waive all formalities of immigration like having an employer and proving that you have the right skills and just give you a straight Green Card.
  • Have you been given any awards by your employer, your government, your peers?
  • Have you published anything?
  • Have you contributed to your colleagues’ knowledge?
  • Have you been invited as a speaker to a conference?
  • Have you been invited as a judge to any event?
  • Can you prove you are in the top 10% of your peers?

OUR EB-2 IMMIGRATION CONSULTING FEES: $15,000

  • *we are not a law firm
  • Includes all case document work, and assisting with business brokering services.

usa immigration fees: $5,368

  • Typical Immigration Fee:
    $700
  • Typical Premium Processing Fee:
    $2,500
    *If you want your application processed within 15 days

If you’re in the US, you can adjust status from non-immigrant to Legal Permanent Resident:

  • Cost per Family Member:
    $1225
  • For children under 21:
    $741
    *If you want your application processed within 15 days

Or if you are outside United States, then you can apply at the US Embassy:

  • Cost per applicant:
    $484

We offer a free evaluation of your CV / Resume. Please send your CV to [email protected]

GEMS USA Immigration

Immigration and Business Consultants
  • GEMS USA Immigration is a world-class Immigration Consulting Firm that has the knowledge, experience and skills to help you realize your dream to relocate, settle and eventually immigrate to the United States.
  • GEMS is led by Mr. Bilal. Khaleeq, an immigrant and a serial entrepreneur who started his first business right out of college and has continued to initiate, build and run several successful enterprises. Mr. Khaleeq’s knowledge spans several industries over many decades and has helped thousands of families settle successfully in the United States. Mr. Khaleeq earned a Bachelors Science in Electrical Engineering (BS) from the University of Texas at Austin, a Masters of Business Administration (MBA) from Rice University in Houston Texas, and Doctor of Jurisprudence from Creighton University in Omaha, Nebraska.
  • GEMS has the expertise to guide our clients through the all aspects of relocating to the United States through various immigration options by acquiring, running and managing of business enterprises, no matter the size, the type of business or the ownership structure. Whether you want to purchase a franchise, start your business or enter a partnership, we can provide the insights and expertise to make it happen
  • Our Company can also help evaluate your experience, education and accomplishments to help you immigrate to the United States based on employment or self petitioning for legal permanent residence.
  • We believe in building strong businesses through strong personal relationships. We are excited to offer our expertise and knowledge to help you navigate the various paths towards relocating and immigrating to the USA.

The GEMS team will make the process
as smooth and welcoming as possible

Connect now for smooth immigration process. We provide you with a proper guidelines in order to make the verification process clear.
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