A Closer Look at EB-2

Woodlands Immigration Attorney

A lot of people feel overwhelmed with the idea of having to go through the family immigration process. Not a lot is familiar with what happens during application for work visas, adjustment of status, consular processing, or the lengthy and tedious green card process. This is why it is important to seek the legal services of trusted American immigration lawyers. Before proceeding, consult with a reliable The Woodlands immigration attorney who can discuss with you what happens in every step.

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

– Basics of a permanent resident card

– The National Interest Waiver or NIW

– Qualifications for obtaining a green card through NIW

– Proofs and supporting documents

– The need for experienced immigration lawyers

Basics of a permanent resident card

Woodlands Immigration Attorney Green cards allow a foreign national who has become a lawful permanent resident to conveniently provide proof of 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 permanent residence in the United States, as well as the rights and responsibilities that come with it.

Acquiring a green card is one of the most confusing aspects of the immigration service. One of the common ways to get a green card is 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. An expert on immigration law practice can explain to you the possibility of applying through family-based immigration, through an investor visa, or EB-2.

The National Interest Waiver or NIW

Through the Immigration and Nationality Act, the NIW is essentially a way for EB-2 immigrants to ‘go around’ the labor certification process. Such is generally a prerequisite when applying to obtain permanent residence. As stated in the pertinent immigration policy, the National Interest Waiver is associated with the second preference EB-2 employment-based category. The twists and turns of the process, however, can be quite confusing. As such, before proceeding, one should consult with the best lawyers from a trusted immigration law firm.

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. There are several immigration forms and paperwork involved, but they are generally worth all the hassle. Here, getting immigration assistance from competent Woodlands immigration attorneys is crucial.

Qualifications for applying for a green card through NIW

It is important to remember 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) it would be very difficult to have an alien labor certification granted. In addition to this, 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 exceeds what alien labor certifications are meant to advance.

Under relevant US immigration law, a foreign national aspiring for permanent residency through NIW must be:

  • an advanced degree professional, a professional with a minimum of five years experience (post-bachelor degree), or a Ph.D. student
  • working in an area of national importance and substantial intrinsic merit
  • 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

Proofs and supporting documents

Under relevant immigration laws, an EB-2 petitioner should be able to establish that waiving the job offer and labor certification requirements will bring about a certain extent of national benefit. In general, school records, documentation of achievements, employment records, research and publications, and paperwork on plans must be collated and submitted.

  • For individuals proving national importance and substantial intrinsic merit, these must be submitted:
    • Proof that one’s work leads to significant economic growth or quantifiable job creation in a depressed or disadvantaged area
    • 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
  • For individuals proving exceptional skills and abilities, three of the following must be submitted:
    • Diplomas, transcripts of records, certifications from universities or other higher learning institutions
    • Documentation of awards or certificates for significant contributions or achievements
    • Professional licenses
    • Certificates, letters, or other documentation of full-time work experience 
    • Payslips or pieces of evidence of remuneration, salaries, or other forms of compensations 
    • Certifications of membership in professional associations

The need for 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 The Woodlands immigration lawyer 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, assistance for the US citizenship immigration interview, or legal representation for immigration issues, give us a call. Contact us at the law offices of Luis F. Hess, PLLC, and consult with a reliable The Woodlands immigration attorney.

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