-EB2-NIW Green Card

 EB-2 NIW GREEN CARD
The EB-2 NIW Green Card is an employment-based visa that is issued to individuals with exceptional ability or a post-graduate degree in their field and the necessary experience.
In this visa type, the applicant bases his/her exceptional ability or extensive knowledge and training on how he/she can benefit the US economy. One of the most important considerations in EN-2 NIW Green Card applications is for the applicant to demonstrate why it is necessary to waive the "employer sponsorship requirement" that the US requires for employment-based visa applications.
Of course, to obtain this exception, the applicant must provide a reasonable amount of evidence to fulfill certain requirements:
1. The Applicant Should Hold Advanced Degree OR Demonstrate Exceptional Ability:
- Advanced Degree:
Documentation showing that the applicant has an advanced degree (Master's or higher) and 5 years of progressive work experience in the field is required. "Progressive" means that the applicant can demonstrate the potential to move up the ladder over the years. For example, if a PhD degree is typically required in the field of application, this would be the degree to show.
This requirement can be fulfilled using official academic records (diplomas, transcripts).
- Exceptional Ability:
The applicant must document exceptional ability in the sciences, arts, or business. USCIS interprets this as "a degree of expertise significantly above that normally encountered." This requirement can be met by at least three of the following criteria:
- An official academic record such as a degree, diploma, certificate, etc. from an academic institution related to the area of exceptional ability,
- Letters from current or past employers documenting 10 years or more full-time experience in the profession,
- License/certificate to practice a profession or occupation,
- Evidence of a higher salary than peers in the field, hence exceptional ability
Proof,
- Membership in professional associations,
- Recognition by peers, government agencies, professional or business organizations for achievements and contributions to the field,
- Other comparable evidence.
2. The Applicant's Work Has Substantial merit and National Importance:
Substantial merit is a broad term that can mean many things. For example, it may draw attention to the applicant's potential to work on medical devices or to create sustainable products. Significant benefit is a requirement that can be defined very broadly and requires that the applicant
National importance, on the other hand, is more restrictive. It means that the applicant's effort is aligned with one or more goals of the United States. It does not necessarily mean that it must apply to all 50 states, but it cannot be geographically limited.
For example, reducing pollution levels is a goal that aligns with the goals of the United States and is not specific to a particular region of the country.
3. The Applicant is Well-Positioned to Advance the Proposed Effort:
The person needs to demonstrate that he or she has a plan to advance the effort. In addition, he/ she needs to demonstrate that he/she is making progress and has the necessary support. Support in this context can mean personal or financial support.
4. On a Balanced Assessment, a Waiver of the Job Offer and therefore the Labor Certification Requirements Would be Beneficial for the United States:
In a nutshell, this condition means that there is a sufficient reason to "waive" the first step of the Green Card process (labor certification). Therefore, there is no need for employment sponsorship.
  
 In other words, even if there is a US citizen ready to do the work, the US will benefit from the foreigner coming to do that work.