Butte, MT asked in Immigration Law for Montana

Q: NIW- EB-2 self petition

I am a J1 Participant, seeking information about NIW EB-2. I have bachelors, 5 years in total teaching services, have both license from the original country and here in US. IS there any chance I can petition myself with all of my credentials?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: The EB-2 National Interest Waiver (NIW) is an employment-based green card category that allows individuals with exceptional ability or advanced degrees to self-petition for permanent residence without a job offer or labor certification. To qualify for an NIW, you must demonstrate that your work is in the national interest of the United States.

Based on the information you provided, it's difficult to determine whether you would qualify for an NIW. While having a bachelor's degree, teaching experience, and licenses are positive factors, they may not be sufficient on their own to meet the high standards required for an NIW.

To have a strong case for an NIW, you generally need to demonstrate:

1. Your work has substantial merit and national importance.

2. You are well-positioned to advance the proposed endeavor.

3. It would be beneficial to the U.S. to waive the job offer and labor certification requirements.

Some factors that can strengthen your case include:

- Having a graduate degree (master's or Ph.D.) in your field

- Showing evidence of significant contributions to your field, such as publications, patents, or awards

- Demonstrating that your work has had a notable impact on your field or society

- Providing testimonial letters from experts in your field attesting to your exceptional ability and the importance of your work

It's recommended that you consult with an experienced immigration attorney who can evaluate your credentials and advise you on your eligibility for an NIW. They can also help you gather the necessary evidence and present a strong case to USCIS.

Keep in mind that the NIW is a highly competitive category, and the adjudication process can be lengthy and complex. However, if you have a strong case and can provide compelling evidence of your qualifications, it may be a viable option for you to pursue permanent residence in the United States.

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