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EB2 VISA NIW
About the EB2 niw
Few people know that there are 187 different types of American Visas. Many of them are for permanent residence. Through our partner organization, we can offer the expertise needed to obtain the permanent residence visas (Green card or Work Permit document), via the visa process EB2 or EB3. Which process is right for you depends on your qualifications. Contact us today for more info and please read the info for the EB2 process.
What is EB-2 NIW
EB-2 petitioners can avoid the PERM Labor Certification process by establishing that the beneficiary should get a national interest waiver. The National Interest Waiver (NIW) allows a foreign national to self-petition and file an I-140 on behalf of themself without an employer’s involvement and a labor certification application.
For almost two decades, the Matter of New York State Department of Transportation (NYSDOT) severely limited the availability of national interest waivers. This case established a three-prong approach for determining whether a foreign national is eligible for a national interest waiver.
There are two entry points for the EB-2 Visa:
Qualify via Advanced Degree or Exceptional Ability
A. Advanced Degree
Through Advanced Degree, the applicant must have a Diploma (Bachelor's level) + 5 years of work experience in the field. or
B. Exceptional Ability
Through Exceptional Ability, the applicant must meet at least 3 criteria out of 6, as listed below:
Criteria for Exceptional Ability:
1. Have a Diploma (Higher degree - Bachelor, Technologist or Degree);
2. Prove that you have at least 10 years of experience, which demonstrates career development, full-time in your occupation.
3. A license to practice your profession or certification for your profession or occupation.
4. Evidence that you received wages or other remuneration for services rendered that demonstrates your exceptional ability (must prove you earned 30% above the national average);
5. Membership of a professional association.
6. Recognition for your achievements and significant contributions to your industry or field of work, by your peers, government entities, professional or business organizations (At least 4 or 5 good letters of recommendation);
7. *Other evidence of exceptional abilities is used to reinforce the other 6 criteria (Published articles, course certificates, work presentations at congresses, fairs, seminars, symposiums, publications in newspapers, articles in magazines, blogs, etc.):
After analyzing your eligibility for the Visa, we choose whether to qualify through Advanced Degree or Exceptional Ability, and from there the strategy is defined with a Professional Plan or Business Plan proposing a business here in the USA.
Below is a summary of the information and details of the documents that will be included in the preparation of your EB-2 NIW Visa application:
The claim preparation time varies according to each client. We've already had lawsuits that took 44 days and others that took about 120 days, due to lack of documents or lack of reference letters.
There are also two external factors that do not depend on our team: the translations and the Expert Opinion Letter (and Academic Evaluation).
Processing time
This can vary and depends on several factors but in most cases, it will be around 18 months. If you need to arrive sooner in the US please let us know so that we can try to develop a possible solution for your case.
We send the following documents to the EOL/AE:
- Diploma
- Circumstance (supplier, co-worker, director, etc);
- Resume
- Signed reference letters.
- Business Plan
We need you to inform us in each of the referrers:
- The year you met.
- circumstance (supplier, co-worker, director, etc);
- some special feature that marked your activity (such as which project you worked on together and what the result was
All documents must be sent in your original language and English, and it is the candidate's responsibility to provide the Certified Translation..
We send the following documents to the EOL/AE:
Step 1
- Certificates of courses, fairs, meetings, congresses and lectures.
- School record: high school, undergraduate and graduate (master's, doctoral and post-doctoral) - if any.
- Diplomas: undergraduate and graduate (master's, doctoral and post-doctoral) - when available.
- Proof of voluntary and extracurricular activities.
- Proof of professional association and license to practice the profession.
- Articles from newspapers and magazines (link can be used);
- Awards, medals, recognitions, trophies (can be a good quality photo with information about date, place, organization, etc.)
Step 2
- Letter of Human Resources from the companies you worked for.
- Criminal certificate from the issuing institution.
- Letter from the accountant and/or local Income Tax institution– If you are proving the earning criterion above the class average.
- Business registration number of the companies you own.
Documentation of the Petitioner and Dependents (Spouse, Children, Stepchildren, etc.):
- Everyone's birth certificates from the issuing institution.
- Marriage certificates (current and previous marriages with the annotation of the divorce);
- Passports - data and visa page; (no need to translate)
- I-94 - https://i94.cbp.dhs.gov/I94/#/home (no need to translate)
- I-20 (if applicable); (no need to translate)
- I-797 - Visa Extension (if applicable) (no need to translate) - It is important to inform the birth details of children and/or stepchildren who will not be part of the process.
- Fill in the form/questionnaire available by email and WhatsApp;
- Fill in the Information Table for the production of Letters of Reference (available by email);
Provide for the date of submission of the process:
- 6 photos of each family member, passport standard (2 in X 2 in), with their name on the back (First and Last Name)
- Checks for payment of Immigration Fees.
- USD 700.00 (Form I-140, Ref. Petition – PETITIONER)
- USD 1,225.00 (Form I-485, Ref. Adjustment of Status - SPOUSE)
- USD 1,225.00 (Form I-485, Ref. Adjustment of Status - FOR EACH CHILD BETWEEN 14 AND 21)
- USD 750.00 (Form I-485, Ref. Adjustment of Status – FOR EACH CHILD UNDER 14 YEARS OLD)