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The National Interest Waiver (NIW) is a way for employment-based, second preference (EB-2) visa petitioners to avoid the PERM labor certification process. Unlike the PERM labor certification process, the NIW allows foreign nationals to self-petition for their EB-2 without being sponsored by a U.S. employer. The NIW process requires thoroughness and meticulous documentation. With the help of a professional attorney, you can greatly improve your chances of being approved. 

If you are looking to apply for a NIW for your EB-2 visa, an experienced immigration lawyer can make a big difference. Here are some reasons why hiring an immigration lawyer with NIW experience is essential.

  • NIW is a complex legal concept: The EB-2 NIW process is not straightforward and requires a thorough understanding of immigration law and its application to your specific case. An immigration lawyer who specializes in EB-2 NIW can provide you with the expertise and guidance you need to navigate this complex legal concept.
  • Your chances of success increase: The EB-2 NIW application process is highly competitive, with USCIS imposing rigorous eligibility criteria. An experienced immigration lawyer can significantly enhance your chances of success by ensuring that your application is properly prepared and presented to the USCIS. Their insights into USCIS evaluation process can make a crucial difference in achieving your goal of obtaining a NIW for an EB-2 visa.
  • Tailored legal advice: An immigration lawyer can provide you with personalized legal advice that is tailored to your specific case. They can review your qualifications, work experience, and research accomplishments to determine if you qualify for the NIW. Moreover, they can advise you on the best strategy for presenting your case to USCIS, including the preparation of supporting documents that are required.
  • Avoid costly mistakes: An immigration lawyer can help you avoid expensive mistakes in the EB-2 NIW application process. Even a tiny error or omission can result in a denial of your application or a delay in the processing time. With an experienced immigration lawyer, you can avoid these pitfalls and ensure your application is completed correctly.
  • Save time and stress: Preparing an EB-2 NIW application can be time-consuming and stressful. By entrusting the application process to an immigration lawyer, you free yourself to focus on your business and other priorities. Additionally, your lawyer can keep you informed of any updates or changes in the application process, alleviating the stress of meeting deadlines and requirements.

While there is no legal requirement mandating that you hire an attorney for immigration matters, considering the rising rate of denials for employment-based green card applications, it is prudent to seek guidance from a professional. The NIW process involves multiple critical components, and a single error could result in significant delays lasting months or even years, not to mention the risk of outright denial.

Engaging legal counsel for the NIW process can be a valuable investment, saving you time and money, and potentially preventing application denials. To begin with, an attorney will assess your qualifications, past accomplishments in your field, and the nature of your proposed endeavor. Their expertise will aid in determining whether pursuing an NIW is the most viable option for your specific situation. 

If you have any questions about the NIW process, contact our office today to set up a consultation with one of our attorneys!