NIW Visa Lawyer in Brooklyn Helping Workers with Advanced Degrees and Advanced Skill Sets Work in the United States

For individuals who hold advanced degrees or are highly skilled in a specific field, there are several different options available for pursuing a green card in the United States. One of the most popular options recently has become a process known as the EB-2 NIW. An employment-based second preference visa with a national interest waiver.

While this route to securing a green card has been around for many years, the criteria needed to become eligible have always made it incredibly difficult until just recently. The biggest advantage of the EB-2 NIW is that it offers a relatively quick route to permanent residency status. You can obtain residency without the official sponsorship of an employer and without having to go through the usual labor certification process that can take months or even years. An NIW visa attorney will be able to guide you every step of the way and make the process of obtaining your green card as smooth as possible.

How Does an EB-2 Visa Work?

There are two categories of applicants that may qualify for an EB-2 visa. The first are members of professions who hold an advanced degree. The second is individuals who can otherwise prove to have an exceptional ability in their particular field. Specifically, these are for workers in the fields of science, arts, medicine, business, or athletics who will have a major benefit on the national economy, cultural, or educational interests of the United States. If applying under either of these categories, you’ll need to prove your qualifications. This could be an advanced degree with years of experience in the field or ability in the field that is significantly higher than most. Your NIW attorney will go over your qualifications and determine which visa is best for you.

What is a National Interest Waiver?

Under the standard work visa process, applicants have to follow a specific process required by the U.S. Department of Labor. This process includes a market test that must be performed to prove there are no qualified legal U.S.-based workers for the position you’re applying for. This process can be long and complicated. If the Department of Labor agrees that there are no American workers available, a certificate will be issued. This process can take months, if not years, to complete. Another option is for you to request that the process be waived because it is in the best interest of the United States to do so. This is called a National Interest Waiver (NIW). If you can prove it is in the national interest, the entire process can be waived. This way, you can petition for a visa directly, rather than relying on an employer to do so. This process is incredibly complex, but with the help of a skilled and experienced NIW visa attorney, you can increase the likelihood of a favorable outcome.

What is the Three Prong Test for a National Interest Waiver?

Recently, the United States declared a three-prong test that applicants must meet in order to receive a visa. Firstly, the applicant’s proposed endeavor must have both substantial merit and national importance. Second, the applicant must be well-positioned to advance the proposed endeavor. And third, it must be beneficial to the United States to waive the job offer and usual requirements. In addition to meeting these three requirements, you will also need to prove that you are a member of the profession, either holding an advanced degree or showing exceptional ability in the field. An NIW visa attorney can help you fill out and submit an application that shows you are an eligible candidate for an NIW visa.

How Can an NIW Visa Lawyer Help Me?

A highly skilled NIW visa lawyer can help you navigate the immigration system, from gathering the needed documents to preparing for an interview and completing your application. The Law Offices of Marjory Cajoux is dedicated to the practice of immigration law and helping individuals and families find a new home in the United States. If you’re looking for a seasoned NIW visa attorney to work collaboratively with, call us at 718-237-0411 for a free one-on-one consultation. Let us help you achieve your goals and start living the American dream.