The 2-Step Path to Permanent Residence

The National Interest Waiver (NIW) and the green card application process can indeed be seen as a two-step process. Here’s a very brief description of each step:

Step 1: National Interest Waiver (NIW)

The NIW is a specific type of employment-based immigration petition that allows individuals with exceptional abilities or expertise to seek a waiver of the labor certification process by meeting the three pronged Dhansar test.

Eligibility Assessment: Casseus Law determines if you are qualified for the NIW. Please click this link for your free credential evaluation.

Evidence Gathering: Collect evidence that demonstrates your exceptional abilities and how your work is in the national interest of the United States. This evidence may include academic achievements, professional experience, publications, awards, patents, conference presentations, and letters of recommendation, etc.

Form I-140 Petition: Prepare and file Form I-140, Immigrant Petition for Alien Worker, along with all the required supporting documentation. In this petition, you’ll request the NIW and provide substantial evidence to support your case.

USCIS Review: USCIS will review your NIW petition and assess the evidence provided to determine if you meet the criteria for the waiver. If approved, your petition establishes eligibility for an employment-based green card.

Step 2: Employment-Based Green Card Application

If you are in the US, and a green card is available to you based on your priority date, you can actually file your I-140 and your green card together without the need for waiting for your NIW to be approved.

Adjustment of Status or Consular Processing: Depending on your circumstances, you can either file for Adjustment of Status (Form I-485) if you are already in the U.S. or go through Consular Processing if you are outside the U.S.

Adjustment of Status (I-485): If you’re in the U.S., file Form I-485 with USCIS. This form is your application for a green card. You may be required to attend an interview and provide additional documentation. It is during the adjustment of status stage that you can apply for work and travel authorization.

As part of the adjustment of status process, you can also apply for work and travel authorization by submitting Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, respectively. This allows you to legally work and travel while your green card application is being processed.

Consular Processing: If you’re outside the U.S., you will follow the instructions provided by the U.S. Department of State to complete the consular processing for your green card.

Visa Bulletin and Priority Date: Our office checks the Visa Bulletin regularly to determine when an immigrant visa number becomes available for your category and country of chargeability. You establish a “priority date” based on a previous I-140 approval or the date that USCIS assigns to your pending I-140 filing.

If your priority date is not current, you will not be able to adjust status or consular process.

Green Card Approval: Attend an interview (if required), and upon approval, you will receive your green card, granting you permanent residency in the United States.

Remember that this process can be complex, and it’s highly advisable to consult with an immigration attorney or legal professional to ensure that all requirements are met and to increase your chances of a successful NIW and green card application.