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The EB-2 National Interest Waiver (NIW) is a program that allows individuals who have exceptional abilities or advanced degrees in certain fields (STEM, Arts, Business) to bypass the usual labor certification process. This is a pre-requisite to their filing and direct applicatino for a green card. This is employment-based. However, exceptional-ability immigrants can also self-petition for an NIW green card.

For someone from Bangladesh looking to apply for an NIW petition with USCIS in 2023, there are several key steps they can take to increase their chances of success.

Prove exceptional ability or advanced degree:

The first and most important step to prepare an NIW petition is to demonstrate that the applicant possesses exceptional ability or an advanced degree in a field that is in the national interest of the United States. In other words, show that the U.S. would truly benefit right now from a professional of this high level. To do so, submit evidence such as academic transcripts, publications, awards, and letters of recommendation from experts in the field. The recommendation letters should be personal. They should outline both who the recommender is, why they are an expert, and how the applicant is so special.

Show evidence of national interest for the EB-2 NIW:

The USCIS evaluates NIW petitions based on whether the applicant’s work is in the national interest of the United States. Why does the U.S. need this field currently? How does growth of this field with this immigrant being inside the US help grow our well-being as a nation.

The applicant must provide evidence that their work has substantial merit and will have a significant impact on the nation as a whole. This can include evidence of publications, patents, research grants, and other contributions to the field.

Craft a compelling argument:

The applicant must prepare a persuasive argument that their work is in the national interest. They must also possess exceptional abilities or an advanced degree. They should be able to clearly articulate why their work is important and how it benefits the United States. You need a great lawyer with a deep understanding of the Immigration laws as to NIW EB-2 process. This person will understand the immigrant and his/her background.

Provide evidence of employment:

The applicant must also provide evidence that they work in a field related to their exceptional ability or advanced degree. This can include letters from employers, contracts, and pay stubs.

Hire an Immigration Attorney:

There is a strong recommendation that applicants seek the assistance of an experienced immigration lawyer. An immigration attorney can guide them through the NIW process and help them prepare a strong petition. An attorney can help identify the most persuasive evidence to include in the petition. An immigration lawyer can also help ensure that the petition is properly formatted and submitted on time.

In summary, preparing an NIW petition for someone from Bangladesh with USCIS in April 2023 requires a strong understanding of the requirements. They must also present a compelling case that their work is in the national interest of the United States. By following the steps outlined above, applicants can increase their chances of success. Then they can achieve their goal of obtaining a green card.

At Shepelsky Law Group, we LOVE EB-2 NIW cases. We take a team approach to complex employment immigration cases like the National Interest Waiver petitions. That means there is usually one or two attorneys and a paralegal reviewing and writing each case to truly get a well-rounded evidence submission.  It never happens overnight and it’s not a science, but an art! We work with clients continuously to get as many supporting documents and information as possible to make their case look flawless. And finally, we set up a winning strategy that anticipates every curve ball that USCIS and the Consulates can possibly throw at our client to craft a winning case. We really care about the outcomes of our cases and have a strong track record of NIW victories.

Call Shepelsky Law today to become a Green Card holder in the NIW EB-2 category.

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