We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:
Background on the National Interest Waiver (NIW): A Self-Petition Option
The National Interest Waiver (NIW) is a unique provision within the EB-2 employment-based immigrant visa category that allows individuals to self-petition for a green card without the need for an employer sponsor or a labor certification. The NIW is designed for individuals whose work benefits the national interest of the United States.
Unlike most employment-based immigrant visa categories that require a U.S. employer to sponsor the applicant and go through the labor certification process, the NIW offers a streamlined path for those who can demonstrate their ability to contribute significantly to the U.S. economy, health, security, or other national priorities.
How the NIW Works?
1. Waiver of Job Offer and Labor Certification:
Applicants are not required to have a specific job offer or go through the labor certification process, which typically involves proving that no qualified U.S. workers are available for the position.
2. Self-Petition:
Individuals can file the Form I-140 (Immigrant Petition for Alien Workers) on their own behalf, eliminating reliance on an employer.
3. Eligibility Criteria:
Applicants must first qualify for the EB-2 category, which requires:
- An advanced degree (master's or higher) or 5 years of post-bachelor's professional experience in a relevant field; or
- Exceptional ability in the sciences, arts, or business.
4. National Interest Test:
Petitioners must meet the following requirements:
- The proposed endeavor has substantial merit and national importance.
- The individual is well-positioned to advance the proposed endeavor.
- Granting the waiver would be beneficial to the United States, outweighing the need for labor certification.
Benefits of the NIW:
1. No Employer Sponsorship Required:
The NIW eliminates the need for a sponsoring employer, providing flexibility for self-employed individuals, entrepreneurs, or those working on independent projects.
2. Streamlined Process:
By waiving the labor certification requirement, the NIW reduces the complexity and time associated with traditional employer-sponsored green card applications.
3. Accessible for Diverse Professionals:
The NIW is available to individuals across various fields, including:
- Science, Technology, Engineering, and Math (STEM).
- Healthcare and public health.
- Arts, business, and entrepreneurship.
- Education and social sciences.
4. Pathway for Entrepreneurs:
Entrepreneurs and business owners can use the NIW to establish or expand businesses in the U.S. if they demonstrate that their endeavors serve the national interest.
5. Opportunity for STEM Professionals:
STEM professionals, whose work often aligns with national priorities such as innovation, technology development, or public health, may benefit from USCIS's enhanced consideration of their contributions.
6. Greater Control Over Immigration Pathway:
- What constitutes a profession for advanced degree holders.
- How 5 years of post-bachelor's experience may substitute for a master's degree.
- How to demonstrate exceptional ability and its relevance to the proposed endeavor.
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Evidentiary requirements, including the use of letters of support, business plans, and professional achievements.
These updates ensure a consistent evaluation process and expand opportunities for individuals seeking to self-petition under the NIW.
- STEM professionals contributing to research, innovation, or technological advancements.
- Entrepreneurs creating businesses that generate jobs or address critical needs.
- Healthcare workers and researchers addressing public health challenges.
- Artists and educators whose work has a substantial cultural or societal impact.
- Foreign professionals who want to immigrate independently without reliance on an employer.
The National Interest Waiver is a valuable pathway for talented professionals and individuals whose work aligns with U.S. national interests, offering flexibility and autonomy while contributing to the country's priorities. For more information, visit the USCIS Employment-Based Immigration: EB-2 National Interest Waiver page.
February 2025 Visa Bulletin Summary
- No changes this month.
- China: Cutoff date remains November 8, 2022.
- India: Cutoff date stands at February 1, 2022.
- All other countries remain current.
2. EB2 (Second Preference):
- India: Advances to October 15, 2012.
- China: Unchanged at April 22, 2020.
- All other countries: No movement, cutoff date stays April 1, 2023.
3. EB3 (Third Preference):
- India: Advances to December 15, 2012.
- China: Moves forward to July 1, 2020.
- All other countries: Cutoff date remains December 1, 2022.
4. EB3 Other Workers:
- India: Matches EB3 at December 15, 2012.
- China: No change, remains at January 1, 2017.
- All other countries: Cutoff date remains December 8, 2020.
5. EB4 (Fourth Preference):
- Cutoff date remains unchanged for all countries at January 1, 2021.
6. EB5 (Fifth Preference):
- China: Unreserved cutoff date remains at July 15, 2016.
- India: Unreserved cutoff date remains at January 1, 2022.
- All other EB5 categories and countries remain current.
Family-Sponsored Preferences:
- The DV-2025 annual limit has been reduced to approximately 54,850 due to allocations for NACARA applicants.
It is important for applicants to regularly review the Visa Bulletin and consult with immigration professionals to understand how these updates affect their cases.
For more detailed information, visit the February 2025 Visa Bulletin on the U.S. Department of State's website.
Romania to Join U.S. Visa Waiver Program Starting March 2025
- Romanian travelers must submit an ESTA application online at least 72 hours before travel.
- ESTA authorizations are generally valid for two years, but reapplication is required in cases such as:
- Obtaining a new passport.
- A legal name change.
- Changes in circumstances that could affect eligibility.
3. Admissibility Determination:
- An approved ESTA is not a guarantee of entry into the U.S. Admissibility decisions are made by U.S. Customs and Border Protection (CBP) officials at the port of entry.
4. Business Activities: Under the VWP, business visitors are limited to allowable B-1 activities, such as attending conferences, meetings, or negotiating contracts.
Romania's Inclusion in the VWP:
Romania will become the 43rd country in the Visa Waiver Program, joining other participating nations. The move reflects stronger U.S.-Romania bilateral ties and will streamline travel for Romanian nationals, promoting increased business and tourism exchanges between the two nations.
What Romanian Nationals Should Know:
- Romanian travelers planning visits after March 31, 2025, can submit ESTA applications online once Romania is formally included in the VWP.
- Travelers should ensure compliance with the 90-day stay limit and other requirements to avoid complications during their U.S. entry.
Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C.
Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
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