If you are a highly skilled professional looking to live and work in the United States, you may assume you need to be in the country or have a job offer to start the green card process. This is a common misconception. The EB-2 National Interest Waiver (NIW) offers a unique and flexible pathway for foreign nationals to self-petition for a green card, even if they are currently living outside the United States.
The Freedom to Apply for EB-2 NIW from Abroad
One of the most powerful benefits of the EB-2 NIW category is that it waives the requirement for a specific job offer and the accompanying labor certification. This means you do not need to be in the U.S. to apply for an EB-2 NIW. You can file your I-140 petition from your home country.
Steps to Apply for EB-2 NIW from Outside the U.S.
The process for applicants abroad is straightforward but requires careful coordination between USCIS and the Department of State.
Step 1: File the I-140 Petition
You can submit your I-140 petition to USCIS directly from your home country. This petition is the core of your case, where you must provide detailed evidence supporting your advanced degree or exceptional ability, and critically, how your proposed work benefits the national interest of the United States.
Step 2: Consular Processing
Once your I-140 petition is approved and your priority date is current, your case will be forwarded to the National Visa Center (NVC). This begins the “Consular Processing” stage. You will:
- Complete the DS-260: This is the online immigrant visa application form.
- Submit Civil Documents: You will upload documents like your birth certificate and police clearance records.
- Attend an Interview: You will be scheduled for an in-person interview at the U.S. consulate or embassy in your home country.
Step 3: Receive Your Immigrant Visa
If your interview is successful, the consular officer will issue an immigrant visa stamp in your passport. This visa allows you to travel to a U.S. port of entry. Upon admission, you officially become a U.S. permanent resident (green card holder).
Meeting the Matter of Dhanasar Criteria
Whether you apply from New York or New Delhi, the legal standard is the same. To succeed, your evidence must satisfy the three prongs established in Matter of Dhanasar:
- Substantial Merit and National Importance: You must demonstrate that your proposed endeavor has significant merit (e.g., in business, science, technology) and broadly benefits the U.S.
- Well-Positioned to Advance the Endeavor: You must prove that you—personally—have the skills, education, and track record to make this project a success.
- Benefit of Waiving the Job Offer: You must explain why it is beneficial to the U.S. to waive the requirement of a job offer and labor certification, essentially arguing that your contribution is too valuable to delay.
Strengthening Your Application from Abroad
Applying from abroad presents a unique challenge: proving you will be active in the U.S. To overcome this, you need a strong strategy.
- Detailed Business Plan: A comprehensive business plan is essential. It shows you have a concrete roadmap for your work in the U.S., countering any doubt that you might simply be looking for a generic job.
- U.S. Expert Letters: Obtaining letters of recommendation from U.S.-based experts or potential partners is crucial. These letters provide an American perspective on the value of your work and demonstrate that you already have a network in the U.S. ready to support your endeavor.
Conclusion
Applying for an EB-2 NIW while living outside the United States is entirely possible and often a strategic choice for qualified individuals. By self-petitioning and proving your case through comprehensive evidence, you can navigate the process and gain a path to permanent residency in the U.S. without ever needing an employer sponsor.
At Scott Legal, P.C., we specialize in helping professionals navigate the NIW process from all over the world. We invite you to download our free guides, sign up for one of our free webinars where you can ask questions, or schedule a consultation with us today to ensure your application is strong.
