Waiver Replace Advanced Field For Free

For those who have obtained an approved I-140 petition through employer-sponsorship, job changes can still be accomplished even if an I-485 application has not yet been filed due to lack of available immigrant visas or green cards based on the employee's country of birth, priority date, and preference category.

NIWs are usually granted to those who have exceptional ability (details provided later in the guide) and whose employment in the United States would greatly benefit the U.S. nation. The EB-2 NIW applicants can also self-petition, which means they do not need an employer to sponsor them.

New EB2-NIW clause, and points to consider: There are three tiers of preference, First (EB1), Second (EB2), and Third (EB3). Under general circumstances, the application of the second preference(EB2) category requires a specific job offer and needs to pass labor certification (PERM).

Generally, it is more difficult to obtain immigration benefit under EB2 NIW (National Interest Waiver) than the ordinary EB2 because of the additional requirements for "national interest".

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.

After your NIW case is approved, and USCIS has mailed you or your attorney an approval notice, the final step is securing your green card. If an immigrant visa number is available and you have not yet applied for an adjustment of status, this is the time you'll need to do so.

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. As previously mentioned, premium processing is not available for I-140 petitions that are filed with National Interest Waivers.