USA EB2NIW
The EB-2 National Interest Waiver (NIW) visa is a unique immigration option for individuals who possess advanced degrees or exceptional abilities and wish to live and work in the United States. Unlike other employment-based visas, the EB-2 NIW allows applicants to bypass the labor certification process, which typically requires a U.S. employer to sponsor the applicant. With the EB-2 NIW, you can self-petition if you can prove that your work benefits the United States and is in the "national interest."
This visa category is ideal for professionals in fields such as science, technology, healthcare, business, and education, who can demonstrate that their expertise and contributions are of significant importance to the U.S. If granted, the EB-2 NIW visa allows you to obtain a green card and permanent residency without the need for employer sponsorship.
Why Choose the EB-2 NIW Visa?
- No Employer Sponsorship Required: One of the primary benefits of the EB-2 NIW visa is that you can self-petition, meaning you don’t need a job offer or employer sponsorship. This provides more flexibility and autonomy.
- Bypass the Labor Certification Process: Unlike other employment-based visas, the EB-2 NIW allows you to avoid the lengthy and complicated labor certification process, making the application faster and more streamlined.
- Advanced Degrees & Exceptional Abilities: The EB-2 NIW is open to individuals who either hold an advanced degree (or its equivalent) or can demonstrate exceptional abilities in their field. This includes professionals in industries such as science, engineering, medicine, business, and the arts.
- Pathway to Permanent Residency: Successful applicants for the EB-2 NIW visa are granted permanent residency in the U.S., allowing them to live and work freely without restrictions, apply for U.S. citizenship, and bring immediate family members.
Eligibility Criteria for the EB-2 NIW Visa
To qualify for the EB-2 NIW visa, applicants must meet the requirements for an EB-2 visa and additionally prove that their work is in the national interest of the U.S. This involves meeting two key requirements:
1. Qualification for the EB-2 Visa:
You must fall into one of the two categories:
- Advanced Degree: You hold an advanced degree (Master's, Ph.D., or equivalent) or a Bachelor’s degree with at least five years of progressive work experience in your field.
- Proof Required: Academic transcripts, degree certificates, and evidence of work experience.
- Exceptional Ability: You can demonstrate exceptional ability in your profession, which means a degree of expertise significantly above that ordinarily encountered in your field.
- Proof Required: Letters of recommendation, awards, publications, or other evidence showcasing your achievements.
2. National Interest Waiver:
In addition to meeting the EB-2 qualifications, you must prove that your work is in the national interest of the U.S., meaning your contributions are significant enough to benefit the nation as a whole. This involves demonstrating the following:
- Substantial Merit and National Importance: Your work must have substantial merit and significance. This could be in areas like science, technology, health, education, or economic growth.
- Well-Positioned to Advance the Proposed Endeavor: You must show that you are well-positioned to advance your work or endeavor. This includes your background, skills, and achievements, demonstrating that you have the ability to succeed in the U.S.
- Benefit to the U.S. Outweighs Labor Certification: You must prove that the U.S. would benefit more from waiving the labor certification process than by requiring it. Essentially, your work must be so beneficial to the U.S. that it’s in the country's best interest to allow you to skip this requirement.
How to Apply for the EB-2 NIW Visa
The application process for the EB-2 NIW visa involves multiple steps and requires significant evidence to support your case. Here’s a step-by-step guide:
- Gather Evidence: Start by collecting documents that prove you meet the EB-2 qualifications (either advanced degree or exceptional ability). Additionally, gather evidence that supports your national interest waiver request, such as recommendation letters, publications, awards, and documentation of your achievements.
- File Form I-140 (Immigrant Petition for Alien Worker): You must file Form I-140 with the U.S. Citizenship and Immigration Services (USCIS) to petition for the EB-2 NIW. In this petition, you must include all supporting evidence that demonstrates your qualifications and how your work is in the national interest.
- File Form I-485 (Application for Adjustment of Status): If you are already in the U.S. on a valid visa, you may concurrently file Form I-485 to adjust your status to permanent resident (green card holder). If you are outside the U.S., you will go through consular processing to receive your green card after I-140 approval.
- Wait for USCIS Decision: After filing, USCIS will review your petition and request additional evidence if needed. The process may take several months, but processing times can vary depending on your specific case and location.
- Attend Interview (if Required): In some cases, USCIS may require an interview. If this happens, you will need to attend the interview and provide any requested documentation.
- Receive Green Card: If your petition is approved, and your application for adjustment of status is successful, you will receive your green card, granting you permanent residency in the U.S.
Advantages of the EB-2 NIW Visa
- Faster Path to a Green Card: The EB-2 NIW process allows you to bypass the labor certification process, which can significantly speed up your path to permanent residency compared to other employment-based visas.
- Self-Petitioning Option: The ability to self-petition means you don’t need to rely on an employer to sponsor your visa, giving you greater flexibility and control over your immigration process.
- No Job Offer Required: Unlike many other visa categories, the EB-2 NIW does not require you to have a job offer in the U.S. This makes it ideal for researchers, entrepreneurs, and professionals who wish to work independently or pursue entrepreneurial endeavors.
- Pathway to U.S. Citizenship: After obtaining your green card, you may apply for U.S. citizenship after meeting the residency requirements, typically after five years.
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People What’s want to know about us
We offer a comprehensive range of services for Pakistani
clients, including company formation, registration with the relevant provincial
or federal government, obtaining a Business Number (BN), opening a Canadian
bank account, tax and accounting services, and virtual office services.
The cost of registering a company in Canada varies depending
on the chosen package, the province or territory of registration, and any
additional services you may require. Please contact us for a personalized quote
based on your specific needs.
The registration process typically takes 1-3 weeks,
depending on the province or territory of registration and the complexity of
your business structure.
You will need to provide a copy of your passport, proof of
address (such as a utility bill or bank statement), and details about your
proposed company, including the company name, registered address, and
information about the directors and shareholders.
Yes,
non-Canadian residents can register a company in Canada. Our services are
specifically designed to assist Pakistani clients with the registration
process, regardless of their residency status.
Yes,
you need a registered address in Canada for your company. We offer virtual
office services, which include a Canadian registered address for your company
and mail forwarding.
The most common types of companies registered in Canada are
Corporations (either federal or provincial), Non-profit Organizations, and
Cooperatives. We can help you decide which type of company best suits your
business needs.
Canada-registered companies are required to file annual
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(CRA).
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with Canadian tax regulations and maintain accurate financial records for your
company.
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for your company, even if you are not a Canadian resident. Please note that the
process and requirements for opening a bank account may vary depending on the
bank and your circumstances.
Yes, we provide assistance with obtaining Canadian work or
business visas for our clients. Our team of experienced professionals can guide
you through the application process and help you gather the necessary
documentation to increase your chances of a successful visa application.
The choice of province or territory for company registration
depends on your business needs and tax considerations. Some popular provinces
for company formation are Ontario, British Columbia, and Alberta due to their
business-friendly regulations and tax structures. We can help you determine the
most suitable province or territory for your company based on your specific
requirements.
No, you do not need to be a resident of Canada to form a company. We help both residents and international entrepreneurs set up businesses in Canada remotely, providing guidance on compliance and business operations.
On average, it takes 3 to 5 business days to register a company in Canada. However, this can vary depending on the province and whether additional services, such as tax registration or bank account setup, are required.
Federal incorporation allows your company to operate across all provinces and territories in Canada, while provincial incorporation limits your business operations to one specific province. We will help you choose the best option based on your business needs.
Canadian companies are subject to corporate income tax, which includes federal and provincial taxes. In addition, businesses may need to register for GST/HST, depending on their revenue and type of business. We help you navigate your tax obligations and ensure full compliance.
Common business structures include corporations, partnerships, and sole proprietorships. We guide you through choosing the right structure based on your business size, goals, and tax considerations.
Yes, having a Canadian bank account simplifies financial transactions and is essential for receiving payments, managing cash flow, and paying taxes. We assist you in setting up a business bank account in Canada.
Yes, you can operate an online business through a Canadian company, including selling on platforms such as Amazon, Shopify, or eBay. We help ensure that your business is fully compliant with Canadian e-commerce laws and tax regulations.
A Business Number (BN) is a unique identifier issued by the Canada Revenue Agency (CRA). It’s required for filing taxes and interacting with federal and provincial government agencies. We help you obtain a BN as part of our company formation service.
If your business exceeds the GST/HST threshold or if you plan to sell products or services in Canada, you will need to register for GST/HST. We assist with the entire registration process to ensure compliance with Canadian tax laws.
Yes, we can assist you with registering your business on Amazon Canada and other e-commerce platforms. We ensure your company meets Amazon’s requirements, including providing necessary documentation and tax registrations.
