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DownloadLearn more about how the immigration process works and help you with your immigration concerns and questions. The Charleston USA Immigration Law Center is here to support you in your goal to become a United States citizen.

EB-2 NIW Visa, National Interest Waiver, Permanent Residency (Green Card)

This category of immigrant visa is a limited exception to the second preference EB-2 visa requirement of a Labor Certification. No job offer is required for the EB-2 NIW visa. This visa is available to two types of applicants:

Those with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business
These applicants must demonstrate that they;

  • Seek employment in areas of substantial intrinsic merit to the U.S.,
  • Proposed business activity will be national in scope,
  • The requirement of a Labor Certificate will adversely affect the national interest.

Applicants may be foreign entrepreneurs and all of them, except for individuals born in mainland China and India, can file the adjustment of status simultaneously with the USCIS Form I-140. This visa is used extensively by scholars, post-doctoral research fellows, PhD students, researchers, and non-tenure university professors.

National Interest Waiver for Physicians
Physicians are eligible provided;

  • They will work in an underserved area in the U.S. for a 3 to 5 year period,
  • Provide attestation for the state department or a federal agency that they possess all necessary qualifications,
  • They will work in either;
  • Health Professional Shortage Area (HPSA)
  • Medically Underserved Area (MUA)
  • Physician Scarcity Area (PSA)
  • Mental Health Professional Area (MHPA)
  • Veterans Affairs facility

Physicians are unable to adjust status simultaneously with the USCIS Form I-140. They must provide evidence of completed service and then file for adjustment of status within 120 days of this completion requirement.

Submission Process

The petition process involves filing a USCIS Form I-140, all accompanying documentation and paying all required filing fees and either simultaneously or when later required, filing USCIS Form I-485, all of its required documentation and paying all required filing fees. An interview will be then scheduled. Premium processing service is available for $1,225.

Spouses and Children and the National Interest Waiver

Spouse and unmarried children under 21 can accompany or follow to join by consular processing. They can work and attend school at the appropriate times.

Contact us to properly prepare your application.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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Charleston USA Immigration Law Center, LLP - Immigration Lawyer in Charleston, SC
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