Acquiring a US Green Card is almost always a long and tedious process. Green cards can either be family based or employment based. At the most fundamental level you can get a Green Card based on the fact that you have a permanent employment opportunity in America. Employment based Green Cards fall under a variety of categories which range from EB1 Green Card for Priority Workers, EB2 Green Card for Advanced Degrees, EB2(NIW) Green Card based on Advanced Degree but granted with National Interest Waiver, EB3 Green Card for Professional and Skilled Workers, EB4 Green Card for Religious Workers and Special Immigrants and EB5 Green Card for Investors.
Recently getting a US Green Card just got easier for Indians falling into the EB-2(NIW) category. Normally, a permanent job offer and an approved labor certification are pre-requisites to file an employment-based, second preference immigration petition. If an EB2 green card applicant is granted a NIW they can skip the cumbersome green card 'labor certification' process and cut down their waiting time for a Green Card by approximately one year. This labor certification process normally requires an employer to determine whether US workers are available for the job they wish to give a foreigner.
The NIW was introduced by the Immigration Act, 1990, but conditions for obtaining the waiver were not explicitly set down in the law. In recent landmark decision (Matter of Dhanasar) issued on December 27, 2016 by the Administrative Appeals Office of the US Citizenship and Immigration Services. Indians who can show that their presence in the United States will have a significant impact on the national interests of the country, can now fast track their Green Card process by applying for an NIW.
How to determine if you qualify for a NIW?
The law does not indicate specifically what counts for National Interest. USCIS believes it appropriate to leave the application of this test as flexible as possible. The burden of proof will rest with the foreign national to establish that exemption from or waiver of the job offer will be in the national interest. Each case will be judged on its own merits. Some areas of work that have received a NIW The foreign person's admission will improve the U.S. economy by improving wages and working conditions of U.S. workers. Creating affordable housing for young, aged, or poor U.S. residents. Improvement of the environment and leading to more productive use of the national resources. A U.S. government agency requesting the presence of the foreign national. Many green card applicants find that it's ultimately worth hiring an immigration attorney to assist with the application process and to ensure that have a well presented case which highlights their talents and giving them a better chance to fall into a green card category with less processing time.
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