Green Card EB2-NIW

To ensure a successful migration, it is essential to have planning, preparation and dedication so that the whole process runs smoothly.

What is the EB2 NIW Green Card?

The acronym “NIW” (National Interest Waiver) is an indication of what must be proven in order to obtain a green card in this way: the applicant must demonstrate that their presence in the United States will be beneficial to the country, filling a gap in the American market determined to be in the national interest and adding differentiated value to the USA. Because it is a National Interest Exception to the general requirement of the EB-2 category, the EB-2 NIW petition can be filed by the applicant without the sponsorship of an American employer.

Who can apply for an EB-2 NIW?

If it is proven that the proposed work in the US requires a high level of education (master’s degree or above), the individual who satisfies this requirement must show themselves to be well placed to develop a project of national interest and add value to the US. This can be done because of their knowledge (in the case of researchers), their ability to bring in funds and create jobs in the country (in the case of an entrepreneur) or because of some exceptional skill they possess that is in the interest of the US to have in its labor market (in the cases of engineers, administrators, doctors, for example).

Alternatively, an individual can prove that they have “exceptional ability” in their profession by meeting at least three of the six criteria below:

  1. Hold a university degree, as well as a master’s or doctorate, related to your area of expertise;
  2. Obtain letters from current or previous employers documenting at least 10 years’ experience in your field;
  3. You have a license or certification issued by a competent body proving that you are authorized to practice your profession (e.g. CRM, CRO, OAB);
  4. Prove that you received a high salary compared to other professionals in your field, demonstrating your relevance in the field (e.g. through job search websites, salary averages issued by newspapers or government agencies);
  5. Membership of a professional association for professionals relevant to the field, preferably with competitive selection processes and which is recognized for its importance in the market or research area;

Recognition for their achievements and significant contributions to their field by their peers, government entities, professional or business organizations.

What types of projects could be considered in the National Interest?

Currently for EB-2 NIW qualification purposes, being able to position oneself as someone with the ability to advance certain emerging technologies in the US (e.g. Advanced Computing, Autonomous Systems and Robotics, Biotechnologies, Communication and Networking Technologies, Financial Technologies and Human-Machine Interfaces) is an advantage, especially for certain industries relevant to US infrastructure (e.g. IT, financial services, healthcare) detailing specific projects and plans contemplated in the US. The development of critical projects supporting one of the above areas and industries in the USA (even if the work is not directly technical), will be relevant and beneficial to EB-2 NIW, as well as evidence of recognition as a distinguished professional abroad and in the USA.

Other developments can also be argued to be in the national interest. For more information, please contact Drummond Advisors for consultations specific to your case.

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The content presented here is provided for informational purposes only and is not intended to replace obtaining accounting, tax, legal, or financial advice from a professional. The presentation of the information is not intended to create a client-accountant or client-attorney relationship. We recommend that the individual accessing the material not act upon this information without direct professional assistance. Information regarding US taxation displayed here is not intended to be used for the purpose of avoiding sanctions under US law.

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