EB-2C: National Interest Waiver (NIW)
What is a EB-2C Visa
The EB-2C Visa is a subcategory of the EB-2 employment-based immigrant visa, specifically designed for individuals applying under the National Interest Waiver (NIW). This visa allows foreign nationals with exceptional ability or advanced degrees to bypass the traditional requirements of a job offer and labor certification, enabling them to self-petition for permanent residency in the United States.
Benefits of the Family EB-2C Visa
The EB-2C Visa offers numerous benefits for beneficiaries, including:
- Self Sponsorship: Not required to obtain a job-offer or have a U.S. employer. The EB-2C can be self petitioned
- No Labor Certification: One of the most notable advantages of the EB-1A visa is that it does not require a labor certification. This means that applicants do not need to go through the lengthy and often complicated process of proving that there are no qualified U.S. workers available for the position.
- Premium processing: Applicants can expedite the processing of their visa petitions for an additional fee. With premium processing, applicants can receive a response from USCIS within 45 calendar days.
- Path to Citizenship: EB-2C Green Card holders can apply for U.S. citizenship after five years.
Eligibility Requirements for the EB-2C Visa
The National Interest Waiver (NIW) allows applicants to self-petition without a job offer or labor certification if their work is in the national interest of the United States. To qualify, you must demonstrate:
- Substantial Merit and National Importance:** Your proposed endeavor must have substantial merit and national importance.
- Well Positioned to Advance the Proposed Endeavor:** You must be well-positioned to advance the proposed endeavor.
- Beneficial to the United States:** On balance, it would be beneficial to the United States to waive the requirements of a job offer and labor certification.
National Interest Waiver (NIW)
A National Interest Waiver (NIW) is a provision within the U.S. immigration system that allows certain foreign nationals to bypass the traditional requirements of a job offer and labor certification when applying for an EB-2 visa. This waiver is designed for individuals who possess exceptional abilities or advanced degrees and whose work is deemed to be in the national interest of the United States. By demonstrating that their contributions will significantly benefit the nation, applicants can self-petition for permanent residency without needing employer sponsorship. To qualify, applicants must provide evidence that their proposed work has substantial intrinsic merit, is of national importance, and that waiving the labor certification process would be advantageous for the U.S.
Visa Bulletin
The Visa Bulletin is a monthly publication issued by the U.S. Department of State that provides critical information regarding the availability of immigrant visas (green cards) for various categories of applicants. It outlines the Final Action Dates and Dates for Filing, which help applicants understand when they can proceed with their green card applications based on their priority dates.
The priority date is established when the U.S. citizen files Form I-140, Immigrant Petition for Alien Workers. This date serves as the applicant’s place in the visa queue, which is essential because the number of visas available in this category is limited.
The Final Action Date indicates when an immigrant visa number is available for issuance. If an applicant’s priority date is earlier than the Final Action Date listed for the Employment 2nd category, they are eligible to receive their green card that month.
Conversely, the Dates for Filing chart specifies the earliest dates when applicants can submit their green card applications, even if their priority date is not yet current according to the Final Action Date. This allows applicants to prepare and file their applications in advance, which can help expedite the process once their priority date becomes current.
This process can often involve significant waiting periods, depending on the demand for visas in the Employment 2nd category and the applicant’s country of origin.
Validity Period
The Green Card is typically issued as a permanent resident card, the card itself is valid for 10 years from the date of issuance.
What We Do
- Provide assistance in preparing and filing Form I-140 on behalf of a company.
- Review applications to identify potential concerns that may affect the outcome of the application
- Provide assistance to EB-2C Visa holders apply with the National Visa Center or Form I-485 Adjustment of Status.
The Employment EB-2C Visa is an essential pathway for foreign nationals with an advanced degree or exceptional ability with a National Interest Waiver to obtain permanent residency in the United States.
Why Choose Us?
- Expert Guidance: Our knowledgeable attorneys will walk you through the entire process, answering any questions you may have along the way.
- Tailored Support: We take the time to understand your specific circumstances and provide solutions that fit your needs.
- Peace of Mind: With our support, you can feel confident that your application is in good hands.
Ready to take the next step towards securing talent? Contact our law firm today to schedule a consultation with one of our experienced immigration attorneys.
Application Process for the Employment EB-2C
Step 1 | Filing Form I-140, Petition for Alien Relative Form I-140, Immigrant Petition for Alien Worker must be filed by the U.S. Company with USCIS along with evidence that hiring the foreign national is of national interest. |
Step 2 | Waiting for Priority Date After USCIS approves Form I-140 petition, the applicant must wait for their priority date to become current. The priority date is the date the petition was filed, and visas are issued based on this date. The Department of State’s Visa Bulletin provides monthly updates on visa availability. |
Step 3 | Consular Processing or Adjustment of Status Consular Processing (Outside the U.S.)
Adjustment of Status (Within the U.S.)
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Frequently Asked Questions
EB-2C
- What kinds of work are considered in the "national interest"?
Work considered in the national interest typically includes projects or endeavors that:
- Improve the U.S. economy.
- Improve wages and working conditions of U.S. workers.
- Improve education and training programs for U.S. children and underqualified workers.
- Improve health care.
- Provide more affordable housing for young and/or older, poorer U.S. residents.
- Improve the environment and natural resources.
- Benefit a U.S. government agency.
- Do I need a job offer to apply for an EB-2C Green Card?
No, one of the key benefits of the National Interest Waiver is that it allows you to self-petition without a job offer or an employer sponsor. This is because you are applying based on your work’s importance to the national interest, rather than a specific job.
- Can I self-petition for an EB-2C Green Card?
Yes, the National Interest Waiver allows you to self-petition, meaning you can apply on your own behalf without needing an employer to file the petition for you.
- How long does it take to get an EB-2C Green Card?
Processing times can vary, but the NIW process may take several months to a few years, depending on USCIS processing times and your specific case.
- Can my family members also get Green Cards if I obtain an EB-2C Green Card?
Yes, your spouse and unmarried children under 21 years old can apply for Green Cards as your dependents. They can adjust status in the U.S. or go through consular processing if they are outside the U.S.
- What happens if my EB-2C petition is denied?
If your petition is denied, USCIS will provide a written explanation. Depending on the reason for denial, you may be able to appeal the decision or file a motion to reopen or reconsider the case.
- Can I change employers after receiving my EB-2C Green Card?
Yes, because the National Interest Waiver does not require a specific job offer, you are not tied to an employer. However, it is important to continue work in your field of exceptional ability as described in your petition.
