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USCIS announced earlier that it has received 172,500 H-1B petitions for the fiscal year 2015 that will begin October 1, 2014. The lottery (also referred as “random selection process”) has been completed and USCIS has started sending receipt notices. With uncertainty looming large as to who may or may not cross the ‘threshold’ hurdle of H-1B visas, it is time that prospective H-1B visa beneficiaries start exploring other work visa options that may allow them to work and live in the United States on a temporary basis. This article seeks to provide readers with the snapshot of possible work visa options that may be available to prospective H-1B visa beneficiaries who do not make to the H-1B cap.
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1. An Overview of the EB2 NIW Visa
Designed for Talented Individuals
The EB-2 National Interest Visa, also known as the EB2 National Interest Waiver (NIW), is a special visa
offered by the U.S. government to individuals with extraordinary abilities. Unlike many other visas, this
one doesn't require a job offer from a U.S. employer. Instead, it focuses on how the individual's
presence in the United States would benefit the country as a whole.
So, what makes someone eligible for this visa? Essentially, you need to demonstrate that your
permanent residency in the U.S. would be in the "national interest" and would somehow contribute to
the country. This contribution is often seen in fields like science or research, where your work could
significantly advance knowledge or innovation.
Understanding EB2 NIW Visa
One of the key perks of this visa is that you can apply for it on your behalf. You don't necessarily need a
U.S. employer to sponsor you. If you can show that your work or expertise will benefit the United States,
you can petition for this visa based on your professional background and skills.
In essence, the EB2 NIW visa is a pathway for highly skilled individuals to gain permanent residency in
the U.S. without the customary demand for an employment offer. Instead, it's all about demonstrating
your potential to positively impact the nation through your work or expertise, particularly in fields
critical to national interests like science and research.
Who is Eligible for EB2 NIW Visa?
The EB-2 National Interest Visa (NIW) is open to foreign nationals who meet certain educational criteria.
Specifically, applicants must have either:
1. An advanced degree in their professional field from a recognized U.S. university, or
2. A bachelor's degree plus at least 5 years of progressive experience in their field.
An advanced degree, in the context of the EB-2 NIW, refers to a qualification higher than a bachelor's
degree. This could include master's degrees, doctoral degrees, or other postgraduate qualifications.
These degrees can be earned in the United States from a reputable U.S. university, or they can be
foreign equivalents of U.S. advanced degrees.
So, if you have an advanced degree from a U.S. institution or a foreign equivalent, or if you have a
bachelor's degree along with significant professional experience, you may be eligible to apply for the EB-
2 National Interest Visa.
Benefits of EB-2 NIW Visa
The EB-2 National Interest Visa (NIW) comes with a range of advantages for eligible applicants who are
granted the visa:
2. 1. Job Offer Waiver: Unlike many other visas, applicants for the EB-2 NIW do not need a job offer
from a U.S. employer to be eligible. This means individuals can apply based on their
qualifications and achievements.
2. Expedited Processing: Applicants for the EB-2 NIW can request expedited processing of their
application. This means their application may be handled more quickly than other immigrant
visa applications, reducing waiting times.
3. Permanent Resident Card: Once approved, EB-2 NIW applicants can apply for a permanent
resident card, also known as a green card. This allows them to live and work in the United States
permanently, providing stability and security.
4. Work and Business Opportunities: The EB-2 NIW opens up opportunities for work and business
establishment in the United States. This can lead to professional growth and success, as
individuals can pursue their career goals and entrepreneurial ambitions in a dynamic
environment.
While the EB-2 NIW offers numerous advantages, it's important to recognize that the application
process can be complex. Applicants must carefully prepare and submit evidence to support their
qualifications and skills. Additionally, they must demonstrate how their presence in the United States
would be in the national interest. This requires thorough documentation and a clear understanding of
the visa requirements.
Emigrating to the US
Every year, thousands of individuals decide to pursue the American dream by emigrating to the United
States. In the eyes of the U.S. Government and Immigration Law, these individuals become lawful
permanent residents (LPRs). But what does this status entail?
Being a lawful permanent resident means that an individual has been granted the privilege of residing
permanently in the United States as an immigrant under the immigration laws, without any change in
that status. This grants them a range of rights and opportunities:
1. Residence and Work: LPRs have the freedom to live and work permanently anywhere in the
United States. They can pursue employment opportunities across the country without any
restrictions.
2. Property Ownership: LPRs are permitted to own property in the United States. Whether it's a
home, land, or other assets, they have the same property rights as U.S. citizens.
3. Education: LPRs have access to educational institutions in the United States. They can attend
schools, colleges, and universities, opening up opportunities for personal and professional
development.
3. In essence, obtaining lawful permanent resident status offers individuals the chance to build a life in the
United States, with the rights and privileges akin to those of U.S. citizens. It represents a significant step
towards achieving stability and pursuing the opportunities that the country has to offer.
The COVID-19 Impact
The COVID-19 pandemic had significant effects on the flow of lawful permanent residents (LPRs) in
2021, deviating from typical trends in several ways:
1. Travel Restrictions: With countries implementing travel restrictions and border closures to curb
the spread of the virus, many individuals faced challenges in traveling to the United States. This
resulted in lower overall inflows of LPRs, as people found it difficult or impossible to enter the
country.
2. Slower Processing: The pandemic also led to slower processing of immigration applications and
visas. Reduced staffing, office closures, and safety measures meant that immigration agencies
were unable to process applications at their usual pace. As a result, individuals experienced
delays in obtaining LPR status.
3. Vulnerabilities of Foreign-born Residents: Foreign-born residents already living in the United
States faced specific vulnerabilities related to their immigration status during the pandemic.
Some may have encountered difficulties in accessing healthcare or financial support due to their
immigration status, while others may have experienced challenges related to job loss or
instability.
Overall, the COVID-19 pandemic disrupted the usual patterns of LPR flows, both in terms of new arrivals
and the experiences of foreign-born residents already living in the United States. It highlighted the
complexities and vulnerabilities within the immigration system, particularly during times of crisis.
Understanding the Differences Between EB-2 Visa and EB-2 National Interest
Visa
The primary distinction between the EB-2 Visa and the EB-2 National Interest Visa lies in the job offer
requirement. Here's a breakdown of the differences:
1. Job Offer Requirement: The EB-2 Visa typically requires applicants to have a valid job offer from
a U.S. employer. This means they must secure employment with a U.S. company before applying
for the visa. On the other hand, the EB-2 National Interest Visa (NIW) does not mandate a job
offer. Instead, applicants can demonstrate that their presence in the United States would be in
the national interest and beneficial to the country, typically through their contributions to fields
like science or research.
Regarding the application process for the EB-2 National Interest Visa, individuals need to complete a
Form I-140, also known as a work permit, which must be obtained from the Department of Labor. Here
are some key details:
4. 1. Form I-140: This form serves as confirmation from the Department of Labor that the foreign
national possesses the necessary qualifications and experience to perform a specific job in the
United States. It essentially validates the individual's eligibility for the EB-2 NIW Visa.
2. Application Cost: The cost for submitting Form I-140 is $700. This fee covers the processing of
the application and must be paid when submitting the form.
3. Submission Process: Form I-140 must be mailed to the appropriate address provided by the
Department of Labor. Applicants should ensure they provide all required documentation and
information accurately to avoid delays or complications in the processing of their application.
In summary, while the EB-2 Visa requires a job offer from a U.S. employer, the EB-2 National Interest
Visa does not. Instead, applicants must demonstrate their contributions to fields critical to national
interests. To apply for the EB-2 NIW Visa, individuals must obtain a work permit (Form I-140) from the
Department of Labor, which confirms their qualifications and eligibility for the visa.