Hiring an EB-2 NIW Visa lawyer to assist with your application for the EB-2 National Interest Visa Waiver US offers numerous advantages, including expertise in immigration law, maximizing chances of success, and navigating complex legal requirements. In this article, we will discuss the potential benefits of professional assistance against the cost of legal services and detail how you can find the right attorney by focusing on their experience, track record, and testimonials from past clients.
What is the EB-2 NIW US
The EB-2 National Interest Waiver, or NIW, makes it possible for you to pursue permanent residency in the United States without the need for employer sponsorship, a job offer, or going through a labor certification process.
This waiver, also known as NIW green card, is granted to professionals whose work is considered to be of national interest to the US.
To learn everything about the EB-2 National Visa Waiver, check our EB-2 NIW – National Interest Waiver US: The Ultimate Guide.
Why Work With an EB-2 NIW Lawyer
Hiring an experienced EB-2 NIW lawyer can make a significant difference in the success of your application.
“National interest” is a broad concept that could be found in any field, such as science, research, engineering, technology, etc. It means that if the work of abilities of a foreign national are considered to be of strategic importance for the United States, with the potential to benefit the country, they can be granted a National Interest Waiver. It allows them to be a permanent resident in the US and advance their work in the country.
The decision whether to grant an NIW green card is entirely within the discretion of immigration officials. Therefore, having the help of a specialized lawyer who can define your strategy is essential to maximize your chances of approval.
Expertise and knowledge of immigration law
An EB-2 NIW lawyer specializes in immigration law and is well-versed in the intricacies of the National Interest Waiver category. They stay up-to-date with any changes in immigration laws and regulations, ensuring that your petition is in full compliance with the latest requirements. With their in-depth knowledge, they can navigate the complexities of the NIW process and provide invaluable guidance throughout the application.
Case evaluation and determining eligibility
One of the critical roles of an specialized lawyer is to assess your case and determine your eligibility for the NIW category. They will thoroughly evaluate your credentials, achievements, and contributions to the field of your proposed endeavor. Based on their assessment, they can advise you on the most appropriate strategy to present your case and demonstrate that your proposed endeavor is of national interest to the United States.
Assistance with gathering and organizing supporting documentation
A lawyer will guide you in gathering the necessary documentation to support your petition. This includes recommendation letters, publications, awards, and evidence of your exceptional abilities and contributions. They will ensure that all materials are organized and the proposed endeavor presented in a compelling manner, strengthening your case for national interest.
Developing a strong legal strategy
Each National Interest Waiver case is unique, and a one-size-fits-all approach won’t suffice. An experienced lawyer will develop a tailored legal strategy based on your specific qualifications and achievements. They know how to emphasize the significance of your work and how it benefits the United States, increasing the chances of a successful NIW petition.
Representation and communication with USCIS
A lawyer serves as your representative in all interactions with the US Citizenship and Immigration Services (USCIS). They will communicate on your behalf, address any inquiries, and respond to USCIS requests during the petition process. This representation can be particularly beneficial if you are not familiar with the US immigration system or if English is not your native language.
Choosing the Right Lawyer
When selecting an immigration lawyer, consider the following factors to ensure you have reliable representation:
Experience and track record
Look for a lawyer with a proven track record of successful NIW petitions. An experienced attorney will have handled numerous cases, giving them valuable insights and strategies to handle your application effectively.
Specific expertise in EB-2 NIW cases
Ensure the lawyer specializes in EB-2 National Interest Waiver cases. Specific expertise in this category will indicate that they have in-depth knowledge of the unique requirements and can better address the complexities involved.
Reputation and client testimonials
Check the lawyer’s reputation and reviews from previous clients. Positive testimonials and feedback can be a strong indicator of their reliability and success in handling National Interest Waiver petitions.
Effective communication and responsiveness
Choose a lawyer who communicates clearly and promptly. Effective communication is essential to keep you informed about your case’s progress and address any questions or concerns you may have.
Fee structure and budget considerations
Discuss the lawyer’s fee structure during the initial consultation to ensure it aligns with your budget. Consider the potential benefits of professional assistance against the cost of legal services.
The Role of an EB-2 NIW Lawyer in the Petition Process
Initial consultation and case assessment
The process begins with an initial consultation, where the lawyer will assess your credentials, achievements, and eligibility for the NIW category. They will provide valuable insights into the application process and recommend the best approach to present your case.
Document preparation and review
Your lawyer will guide you in gathering the necessary documentation and evidence to support your petition (including proof of advanced degrees and any relevant official academic record), and how to describe your proposed endeavor as deserving of a national interest waiver. They will review all materials to ensure they are complete, accurate, and meet USCIS requirements.
Guidance on recommendation letters, publications, and awards
A NIW lawyer will advise you on obtaining strong recommendation letters from experts in your field and help highlight your publications, awards, and contributions to showcase your exceptional abilities.
Presenting a compelling case for national interest
With their legal expertise, your lawyer will emphasize the national interest aspects of your work and how it benefits the United States, strengthening your case for the NIW.
Handling USCIS correspondence and requests for evidence (RFEs)
Your lawyer will serve as the point of contact with the USCIS and handle all communications on your behalf. In the case of Requests for Evidence (RFEs), they will respond promptly and thoroughly.
Timelines and expectations for the process
A National Interest Waiver lawyer will guide you through the timeline and expectations for the petition process, keeping you informed about key milestones and possible outcomes.
How Global Citizen Solutions Can Help
Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. Our multilingual team has extensive experience in US Visas and a track record of successful applications. We guide individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.
- We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance.
- We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
- Our transparent pricing covers all the processes from start to finish, with no hidden costs.
- All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
- Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your visa. We offer additional services such as company incorporation, Trusts, and Foundations formation.
- The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.
Frequently Asked Questions Related to Hiring an EB-2 Visa Lawyer
What is an EB-2 NIW lawyer?
An EB-2 NIW lawyer is an attorney specialized in immigration law who assists individuals seeking a National Interest Waiver (NIW). They have expertise in navigating the complex EB-2 NIW application process and can help you present a strong case for national interest to the United States.
What are the benefits of hiring an specialized lawyer?
The benefits of hiring an EB-2 National Interest Waiver lawyer include their expert knowledge of immigration law, case evaluation to determine eligibility, assistance with gathering supporting documentation, and development of a strong legal strategy to prove the foreign national’s proposed endeavor is of national interest to the United States. They also represent and communicate on your behalf with the United States Citizenship and Immigration Services (USCIS), increasing your chances of success.
Can a lawyer guarantee a successful outcome for my petition?
A specialized lawyer cannot guarantee success, as the USCIS has discretion in adjudicating applications. However, hiring a skilled attorney significantly increases your chances of approval.
Can I apply for an EB-2 NIW without a lawyer?
Yes, you can. However, the complexity of the process and the need to present a strong case for national interest make hiring a lawyer highly advisable. A specialized lawyer can demonstrate, for national interest waiver cases, that the foreign national’s proposed endeavor is of national importance to the US, thus helping them be granted a green card.
How much does it cost to hire a NIW lawyer?
The cost varies based on the lawyer’s experience, location, and the complexity of your National Interest Waiver case. Discuss the attorney fee structure during the initial consultation.
Can an EB-2 NIW lawyer assist with the adjustment of status or consular processing?
Yes, a lawyer can help you navigate the adjustment of status or consular processing after the National Interest Waiver approval to obtain lawful permanent residency, also known as green card.
How do I choose an EB-2 NIW lawyer?
To choose a lawyer for your EB-2 NIW case, consider their experience with foreign nationals and track record in handling National Interest Waiver (NIW) cases. Look for specific expertise in NIW green card cases, check their reputation and client testimonials, evaluate their communication and responsiveness, and discuss their fee structure to align with your budget. If possible, find how many National Interest Waivers they successfully applied for foreign nationals.
What happens if my NIW petition is denied?
If your EB-2 NIW petition is denied, your lawyer can help explore options for submitting a request to the administrative appeals office, or suggest alternative visa pathways that may be suitable for your qualifications and goals. They can guide you in addressing the reasons for the denial and strengthening your case for future applications.
An experienced immigration lawyer will be able to use every factor in your favor – for example, if you have an advanced degree, exceptional ability, and will demonstrate both substantial merit as national importance of your work.
What are the requirements for the NIW green card?
To be eligible for the NIW green card, you must have extraordinary ability and demonstrate that your proposed endeavor has both substantial merit and national importance. You can do so through self-petition, without going through the PERM labor certification process, or have a job offer from an employer.
Do I need a job offer to apply for the EB-2 NIW?
No. The National Interest Waiver (NIW) has the advantage of exempting the applicant from the labor certification process usually involved in employing a foreign national in the United States. You won’t have to worry about labor certification requirements when applying for the NIW green card.
On the other hand, you must demonstrate exceptional ability and that your proposed endeavor has substantial merit, proving it is of national importance to the United States. And also, of course, demonstrate that as a foreign national, you are the right person for the National Interest Waiver, being well positioned to advance the proposed endeavor in the US.
