USA EB2-NIW

The national interest of the United States. Here are some key points about the EB-2 NIW:

Eligibility Criteria

To qualify for an EB-2 NIW, you generally need to have an advanced degree (master’s degree or higher) or exceptional ability in your field. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in your field.

National Interest Requirement

Unlike the regular EB-2 category, the NIW allows you to bypass the Labor Certification process (PERM) if you can demonstrate that your work is in the national interest of the United States. This requires showing that your work has substantial intrinsic merit and that it benefits the United States to waive the job offer and labor certification requirements.

Petition Process

You can file the Form I-140 (Immigrant Petition for Alien Worker) directly with USCIS (U.S. Citizenship and Immigration Services) along with evidence demonstrating your qualifications and the national interest of your work. You do not need an employer to sponsor you; you can self-petition.

Evidence Requirements

Evidence typically includes letters of recommendation, publications, conference presentations, patents, awards, and any other documentation that demonstrates your exceptional ability or the national importance of your work.

Advantages

The EB-2 NIW provides more flexibility than the regular EB-2 process because it does not require a job offer from a U.S. employer or a labor certification, which can be time-consuming and restrictive.

Approval

If your petition is approved, you can proceed with the final step of adjusting your status to a permanent resident (green card holder) if you are already in the United States, or applying for an immigrant visa if you are outside the United States.

USA B1/B2

A B1/B2 visa for the USA is a type of non-immigrant visa that allows individuals to enter the United States temporarily for business (B1) or tourism, pleasure, or visiting friends and relatives (B2). Here are some key points about the B1/B2 visa:

Purpose

B1: Business visitors may attend conferences, negotiate contracts, or engage in other business-related activities that do not involve gainful employment in the United States.
B2: Tourist visitors may travel for tourism purposes, including vacations, visiting family or friends, medical treatment, or participation in social events.

Application Process

You need to apply for the visa at a US embassy or consulate in your home country.The application typically includes filling out a DS-160 form online, scheduling an interview, paying fees, and providing required documentation such as passport, photo, and evidence of ties to your home country.

Duration and Validity

– B1/B2 visas are usually issued with multiple entries and can be valid for up to 10 years, but the actual length of stay per visit is determined by the US Customs and Border Protection officer at the port of entry.
– Normally, visitors are granted a stay of up to six months on each entry.

Conditions

– Holders of B1/B2 visas must maintain their non-immigrant intent, meaning they should demonstrate they do not intend to stay in the US permanently.
– Engaging in unauthorized employment or activities not allowed under B1/B2 status can lead to visa revocation or denial of entry.

Extension and Change of Status

– B1/B2 visa holders can apply for an extension of stay with the US Citizenship and Immigration Services (USCIS) if they need to stay longer than initially granted.
– They can also apply to change status to another visa category if eligible.

Waiver Program

– Some travelers from certain countries may be eligible to travel to the US for short stays without a visa under the Visa Waiver Program (VWP).   

It’s crucial to carefully review the specific requirements and conditions of the B1/B2 visa before applying, as well as any updates or changes to visa policies and procedures.