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Pursue Your Dream Profession in the United States with out Employer Sponsorship: The EB-2 Nationwide Hobby Waiver

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Pursue Your Dream Profession in the United States with out Employer Sponsorship: The EB-2 Nationwide Hobby Waiver

 

Are you a highly skilled professional longing to fully utilize your talents on the global stage but find yourself constrained by the need for employer sponsorship? Do you strive to advance innovation and excellence in your specialized field for the benefit of all, yet see your aspirations limited by geographic borders? If obtaining a work visa to the United States seems an impossible hurdle to clear without a job lined up, hope remains – through a uniquely empowering option called the EB-2 National Interest Waiver.

The EB-2 National Interest Waiver pathway opens the door for those with advanced degrees or exceptional ability to gain permanent residence in the US based on their own merits, with no employment prerequisite. By demonstrating how your work would significantly benefit America, you can obtain a “green card” and fulfill your purpose without reliance on any single organization. In this detailed guide, I explore the eligibility criteria, application process and advantages of pursuing the EB-2 NIW, equipping motivated professionals worldwide with the knowledge to seize this life-changing opportunity.

What is an EB-2 National Interest Waiver?

The EB-2 NIW allows individuals to self-petition for a green card under the EB-2 visa preference category for those with advanced degrees or exceptional ability. EB-2 generally requires an approved Immigrant Petition for Alien Worker (Form I-140) along with a certified Labor Certification from the US Department of Labor confirming there are insufficient US workers to fill the position and the foreign worker’s employment will not adversely affect wages and working conditions of similarly employed US workers.

However, the EB-2 NIW provides a waiver of these normal labor certification requirements by allowing petitioners to prove their work would significantly benefit the United States. Three key eligibility criteria must be demonstrated to US Citizenship and Immigration Services (USCIS):

1. The proposed endeavor has both substantial merit and national importance: Proving the work will contribute to the development of the US in a significant way through economic, cultural, educational or other benefits. Scientific research, technological innovation and valuable cultural/educational programs typically qualify.

2. The applicant is well positioned to advance the proposed endeavor: Demonstrating a high level of skill, knowledge and commitment to succeeding in the proposed endeavor through evidence of education, training and relevant work experience. Letters of recommendation from leaders in the field further substantiate expertise.

3. It would be beneficial to the US to waive the requirements and grant the immigrant a green card: When balancing all factors, a compelling case must be made that the foreign national and their contributions are so extraordinary that it is in the national interest to provide immigration status outside the normal employment based system.

EB-2 NIW Considerations

Who is Eligible?

– Individuals with advanced degrees such as a Master’s, PhD or other professional degree from a US or foreign institution.

– Individuals with extraordinary abilities in science, arts, education, business or athletics evidenced by sustained national or international acclaim and recognition for achievements.

– Professionals with at least five years of progressive post-baccalaureate experience in their field requiring application of advanced knowledge with a Bachelor’s degree.

No Job Offer or Labor Certification Required

Unlike most other employment-based immigration options, the EB-2 NIW does not require an approved PERM labor certification or job offer. Petitioners do not need a pre-arranged position or employer sponsorship – a substantial benefit.

Less Strict Eligibility

Comparatively lenient eligibility requirements apply compared to the extraordinary ability green card pathway (EB-1A) which demands truly exceptional achievement at an international level. The EB-2 NIW is attainable for highly accomplished and skilled individuals.

Permanent Residence Through Adjustment of Status

If eligible to adjust status from within the US, approved EB-2 NIW immigrants may apply to become lawful permanent residents without needing to leave the country for an immigrant visa interview abroad. This allows for stability during the transition.

Long Term Strategic Advantages

Once granted a green card, there are no employment restrictions or sponsorship requirements. EB-2 NIW immigrants are free to work for any US employer, start their own business, or engage in independent research – fullfilling careers and benefiting the US economy for many years to come.

How to Apply

The EB-2 NIW application process involves two key forms and strategies:

Form I-140, Immigrant Petition for Alien Worker

This petition is filed to establish eligibility under the EB-2visa preference category and request a NIW. Comprehensive evidence details how the proposed endeavor meets the three eligibility standards. Certified translations are required if documents are not in English.

Form I-485, Application to Register Permanent Residence or Adjust Status

This application can be filed concurrently with the I-140 for maximum efficiency if admissible, or separately after I-140 approval from within the US. A medical exam and police certificates are included.

Key Filing Strategies

Concurrent Filing: Submit I-140 and I-485 together when the NIW case is very strong to get immediate work authorization if approved. Risk of denial increases if filed together.

Separate Filing: File I-140 first and receive approval notice before filing I-485. Safer strategy that guarantees work permit if I-140 succeeds. Waits on I-140 decision before moving forward with permanent residency.

With expert legal counsel, these applications can be expertly compiled with a meticulous evidentiary portfolio to maximize chances before USCIS adjudicators. The initial I-140 adjudication will determine eligibility, setting the stage for green card approval.

Realizing Your Vision Abroad Without Borders

For ambitious professionals who wish to dedicate their talents to meaningful contributions on a wider scale, immigration barriers can stifle thriving careers and innovations benefiting all humanity. The EB-2 NIW cuts through red tape by empowering qualified individuals to champion their excellence directly, unshackled by the traditional chains of sponsorship dependence.

If you have advanced degrees or stand out amongst your peers, and seek to utilize your gifts through work furthering America’s interests on a significant scale, this option offers the freedom to make your vision real without borders. Take the first step to change the course of your future – explore whether the EB-2 NIW can open the door for your exceptional abilities to uplift the global community. Your dream awaits across the ocean.

 

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