EB-2 NIW National Interest Waiver

The USA EB-2 National Interest Waiver (NIW) represents a distinctive immigration avenue offered by the United States Citizenship and Immigration Services (USCIS) for foreign nationals distinguished by exceptional abilities who aspire to secure permanent residency in the United States. The National Interest Waiver attracts foreign individuals operating within the fields of science, Arts, technology, engineering, mathematics and Business, with the aim of fortifying the nation’s economy by channelling their remarkable expertise and knowledge.

It is mandatory to comprehend the EB-2 visa category. The EB-2 visa is an employment-based visa type accessible to individuals who hold advanced degrees or exhibit extraordinary capabilities within their respective domains. The National Interest Waiver, a distinctive exemption, allows applicants to circumvent the requirement of a job offer from a U.S. employer or the labor certification process, which typically entails protracted timelines.

Eligibility Criteria:

• Possession of exceptional abilities or achievements in their respective field, demonstrated through significant contributions, scholarly publications, original contributions, or recognition from reputable organizations.
• Intent to seek permanent legal residency in the United States.
• A compelling case showcasing that the applicant’s work in the U.S. will provide substantial benefits to the country’s economy, culture, or educational needs.

Why EB2-NIW?

• Exemption from the labor certification process, which can be time-consuming.
• Ability to self-petition for permanent residency, eliminating the need for U.S. employer sponsorship.
• The candidate can apply Green Card Program for US citizenship after 10 years of their stay in US.
• Opportunity to expedite the application process by filing Form I-140 directly with the USCIS.

The USA EB-2 National Interest Waiver is a unique immigration opportunity that can be a game-changer for both employees and business owners. This program is designed to attract foreign nationals with exceptional abilities in various fields, including professionals and entrepreneurs, to contribute to the United States’ economy and growth. Here are the key highlights and benefits:

For Employees:

• Individuals with remarkable skills, qualifications, and achievements can apply for the EB-2 NIW, making it an excellent choice for professionals looking to advance their careers in the U.S.
• Unlike many other visa programs, the EB-2 NIW does not require a labor certification process, saving you time and effort.
• You can self-petition for permanent residency, eliminating the need for a U.S. employer to sponsor you.
• By filing a Form, I-140 with the USCIS, you can expedite your case without extensive reviews, making the process more efficient.

For Business Owners:

• Active and Successful Business:As a business owner with an established and thriving enterprise in any field, the EB-2 NIW provides a pathway to obtain U.S. permanent residency, allowing you to expand your business in the American market.
• No Age Limit and IELTS Requirements:The program does not impose age limits or language proficiency requirements, offering flexibility to a wider range of applicants.
• Minimum Funds Required:While the program does not specify a minimum investment amount, the focus is on your exceptional abilities and the benefits your business brings to the U.S. economy.

Advantages: 

• EB-2 NIW offers a quicker route to obtaining permanent residency in the U.S., opening doors to countless opportunities for professional and business growth.
• Business owners with a successful track record can leverage this program to expand their operations and secure their future in the U.S. market.
• The program’s inclusivity welcomes applicants of all ages and linguistic backgrounds, making it accessible to a diverse range of individuals.
• The EB-2 NIW prioritizes your exceptional skills and accomplishments, allowing you to make a significant impact on the U.S. economy.

Whether you’re a professional aiming to advance your career or a business owner looking to expand, the USA EB-2 National Interest Waiver program is a door to new opportunities. At One World Immigration Law Consultants, we provide expert guidance and support to help you navigate this program successfully, ensuring a bright and prosperous future in the United States.

E2 Treaty Investors Visa

The USA E2 Employment Second Preference is a non-immigrant visa that is especially designed to facilitate the employment and entry of foreign entrepreneurs in the US. This program is an attractive option for executives, investors and highly skilled individuals that are seeking to establish businesses within the US. A comprehensive overview of the USA E2 Visa s provided below:

It is crucial to note that the eligibility process for this program is contingent upon the nationality of the applicant, that is limited to the citizens of bilateral countries that have bilateral investment treaties with the US. This visa can be qualified by the applicant, if they are in process or they have made a substantial financial investment in a U.S based business.

Another significant feature of the USA E2 Employment Second Preference visa is its provision for the visa holder’s spouse and dependents to accompany them in the US. The spouse of a USA E2 visa holder can apply for employment authorization, enabling them to work in the United States, while dependent children are eligible to enroll in U.S. schools under this visa category.

A comprehensive business plan will be required to initiate the application process, a business plan should outline all the details of their proposed investment in the US. Furthermore, applicants must provide evidence of having secured the necessary investment capital or demonstrate their progress in acquiring it. In essence, a successful visa application must establish the viability of the investment project and its potential to generate employment opportunities in the United States.

Whereas, it is important to note that USA E2 visa is non-immigrant visa and does not grant PR (permanent Residency) status. Visa is initially granted for a time duration of 2-5 years, that is subject to the discretion of the immigration officer. Visa holders are required to renew their visa periodically and it can be renewed an unlimited number of times as long as the applicant continues to meet the visa’s stipulated criteria.

One notable advantage of the USA E2 visa is that there is no specific legally mandated minimum investment amount. Nevertheless, the U.S. government has typically recommended an investment benchmark in the range of $100,000 to $200,000. Additionally, the visa necessitates that the applicant holds a controlling interest in the U.S. business they intend to establish.

USA E-2 Investment Criteria:

1. To be eligible for admission to the United States, the investor must be a citizen of one of the treaty countries, with Pakistan being among them.
2. While there is no fixed minimum investment amount mandated by the U.S. Government, the investment sum must be significant and commensurate with the type of business being proposed.
3. The investor is required to hold a minimum of 50% ownership in the enterprise or have the authority to oversee its operations through a senior managerial role.

Why E-2:

• You have the authority to establish, manage, and oversee your intended business in the United States.
• The spouse of the E2 investor is eligible for an E2 dependent visa, which, in turn, allows them to apply for a temporary work permit or Employment Authorization Document (EAD).
• Children below the age of 21 are also eligible for an E2 dependent visa, providing them the opportunity to enroll in a school of their preference within the United States.

Additional Conditions:

• Initially, E2 visa holders are granted a maximum stay of two years in the United States.
• E2 visa holders have the option to apply for visa extensions, each allowing an additional two-year stay. There is no set limit on the number of extensions allowed.

Eligible Family Members for Visa Inclusion:

• Spouse
• Children under 21 years of age

Employment Third Preference – Skilled Worker EB-3

The USA EB-3 Immigration Visa for Skilled Workers is tailored to assist foreign individuals possessing specific occupational expertise and backgrounds in acquiring permanent resident status in the United States. “EB-3” denotes the “employment-based third preference,” signifying that the program prioritizes candidates with a job offer in the U.S. and skills that are in demand but not necessarily considered “exceptional.”

The USA EB-3 program encompasses three primary categories:

1. Skilled Workers: This group encompasses individuals with a minimum of two years’ experience in a skilled occupation and an offer of permanent employment in the United States that necessitates those skills.
2. Professionals: This category applies to individuals with bachelor’s degrees who have secured a permanent job offer in the United States that mandates a degree.
3. Other Workers: This section caters to those engaged in unskilled labor, possessing less than two years of experience, and who have received a permanent job offer in the United States requiring such labor.

Comparable to other employment-based immigration programs, the USA EB-3 program mandates employer sponsorship. Employers are required to file a Labor Certification with the Department of Labor to verify the absence of qualified U.S. workers for the position. Following the approval of the certification, the employer can then submit an Immigrant Petition for Alien Worker, the form used to seek permanent resident status for the applicant.

The USA EB-3 program, while adhering to specific criteria, is generally recognized as more accessible than other employment-based immigration programs. It does not necessitate applicants to possess “exceptional” skills as required by the EB-1 and EB-2 programs, and it doesn’t impose a minimum investment, unlike the EB-5 program.

The EB-3 program particularly appeals to immigrants employed in sectors such as healthcare, education, and skilled trades encompassing electricians, plumbers, and mechanics. These fields consistently experience high demand in the United States, often facing shortages of qualified personnel. The USA EB-3 Visa serves as a preference category for obtaining U.S. employment-based green cards, specifically catering to semi-skilled workers and other professionals.

Eligibility Criteria:

• For semi-skilled workers, a minimum of 6 months of relevant experience or training is deemed acceptable. However, the onus is on the applicant to substantiate their competence to perform the specific job in question.
• Nursing and caregiving positions necessitate a diploma or bachelor’s degree in nursing (BSN), while other roles mandate intermediate or matriculation-level education. In both scenarios, a fundamental command of the English language is a prerequisite.
• A crucial requirement for this visa category is full-time permanent employment and labor certification. The nature of the work should be such that no other qualified individuals are currently available in the USA to perform the same job.

Why EB-3 Visa?

• Foreign workers are afforded the opportunity to secure green cards, granting them permanent residency status and enabling them to live and work in the United States alongside their families.
• The candidate can apply for Green Card Program which can lead to Citizenship in US.
• Under this program, the spouse and unmarried children under the age of 21 are eligible to accompany the primary worker to the United States.

Employment Fifth Preference – EB-5 Immigrant Investors

The USA EB-5 Investment Program is an initiative that is investment-driven and offers foreign nationals a pathway to secure green card by their invested amount. The investment required to apply for this program is $1 million, directed into a fresh commercial enterprise located within a targeted employment area in the United States, ultimately resulting in the acquisition of a green card.

 The USA EB-5 Investor Program has delivered substantial benefits to the U.S. economy. The investments made by foreign nationals have catalyzed the creation of numerous new jobs and spurred economic growth in designated regional centers spanning the nation. These regional centers are officially endorsed entities dedicated to promoting economic development in specific geographic regions.

USA EB-5 Investor Criteria:

• For investors in Targeted Employment Areas (TEA), an investment of USD 800,000 is required, while non-TEA investors must commit USD 1.05 million.
• Financing options are not permissible. Investment capital must originate from legitimate sources, and there must be clear evidence establishing the legal path of these funds.

Why EB-5?

• Upon arrival in the United States following visa approval, investors and their families enjoy nearly identical benefits as U.S. residents and citizens.
• After attaining U.S. citizenship, investors gain international visa-free travel privileges.

Additional Conditions:

• There is no specified minimum net worth requirement for investors, eliminating the need to disclose other assets.
• To maintain permanent residency, applicants must express a genuine intention to establish permanent residence in the United States.
• Investor applicants become eligible to apply for U.S. citizenship after residing in the U.S. for a minimum of 2.5 years out of a 5-year period, with at least 6 months of physical presence in each of those 5 years.

Eligible Family Members for Visa Inclusion:

• Spouse
• Children under the age of 21 years

Sponsorship Visa of USA

A type of visa allowing U.S. citizens or permanent residents to sponsor foreign nationals for immigration. Commonly used for family reunification purposes. Requires a petition filed by the sponsor with the U.S. Citizenship and Immigration Services (USCIS). The petition should demonstrate the qualifying relationship between the sponsor and the applicant, along with required supporting documentation. Upon approval, a priority date is assigned, determining eligibility for the Visa. Interviews are conducted at a U.S. embassy or consulate if the applicant is outside the U.S. Applicants in the U.S. may adjust their status to permanent resident. Various eligibility criteria including passing a medical exam and obtaining a police certificate apply.

Sponsorship Responsibilities:

• Sponsors are responsible for financially supporting the applicant for a specified duration.
• They commit to repaying any public funds received by the applicant during this time.
• Sponsors assist applicants in acclimating to life in the United States.
• Financial obligations typically last for ten years.

Visa Categories and Eligibility:

Spousal Sponsorship (IR-1):

• Sponsor must be legally married to a U.S. citizen or permanent resident.
• Adequate financial resources required to support the foreign spouse.

Fiancé(e) Visa (K-1):

• Both parties must be above 18 and unmarried.
• The marriage should be legally permissible in the United States.
• A meeting in person within the past two years is usually required, with some exceptions.
• The U.S. citizen sponsor must possess sufficient financial resources.

Unmarried Child Under 21 Years of Age (IR-2):

• Child must be under 21, unmarried, and living in a foreign country.
• Child and the U.S. citizen parent must have lived together for a minimum of 2 years.
• The parent must be a U.S. citizen.

Orphan Adopted Abroad by a U.S. Citizen (IR-3):

• Child must be under 21 and from a country qualifying for adoption under U.S. laws.
• Parent in the U.S. must be eligible for adoption by the U.S. Citizenship and Immigration Services.

Orphan to Be Adopted in the U.S. by a U.S. Citizen (IR-4):

• Child must be under 21 and from a country qualifying for adoption under U.S. laws.
• Parent in the U.S. must be eligible for adoption by the U.S. Citizenship and Immigration Services.

Family Preference Visa (F-1, F-2, F-3, F-4)

• Visa categories based on the relationship with the U.S. citizen, ranging from unmarried children to siblings.
• Not issued for grandparents, aunts, uncles, or in-laws.

Parent of a U.S. Citizen Who Is at Least 21 Years (IR-5):

• Allows U.S. citizens to bring their parents into the U.S.
• Parents can legally work once issued the IR-5.
• No annual cap, eligibility criteria apply.
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