US Lists 3 Conditions Foreign Professionals Need to Get Green Card Without Job Offer

• The US has announced a fresh Green Card update that could interest foreign professionals seeking to relocate to America
• The latest development highlights a pathway that does not require a traditional job offer or employer sponsorship
• Applicants must, however, meet specific conditions before they can benefit from the route

The United States government has outlined three key conditions international professionals must meet to qualify for a permanent residence permit, commonly known as a Green Card, through the National Interest Waiver (NIW) route.

The NIW is available under the employment-based second preference (EB-2) category and allows eligible applicants to self-petition without a formal US job offer or employer sponsorship.

The pathway could benefit foreign professionals whose work is considered to have substantial merit and national importance to the United States.

Applicants must first meet EB-2 requirements

Before seeking a National Interest Waiver, applicants must establish that they qualify for the underlying EB-2 category.

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According to the US Citizenship and Immigration Services (USCIS), applicants must demonstrate that they have either an advanced degree or exceptional ability in the fields of business, arts or science.

The EB-2 eligibility requirement must be met before USCIS considers whether the applicant qualifies for the national interest waiver.

USCIS lists 3 conditions for National Interest Waiver

Once an applicant establishes their EB-2 eligibility, USCIS assesses the petition against three conditions for the National Interest Waiver.

The USCIS Policy Manual states that applicants must show that:

1. The proposed endeavour has both substantial merit and national importance.
2. The person is well positioned to advance the proposed endeavour.
3. On balance, it would be beneficial to the United States to waive the job offer and permanent labour certification requirements.

USCIS considers all three requirements when deciding whether to grant the waiver.

An applicant who fails to satisfy the three-part test may not qualify for the National Interest Waiver.

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Job offer and employer sponsorship not required

One of the key features of the NIW is that eligible applicants can submit their own petitions instead of relying on a US employer to sponsor them.

The waiver can also remove the requirement for a permanent labour certification from the US Department of Labour.

However, the absence of a job offer does not mean applicants are exempt from all labour certification-related procedures.

Candidates must still complete and submit the worker-specific sections of a permanent labour certification application without obtaining prior approval from the Department of Labour.

USCIS accepts Form ETA 750B or Form ETA 9089 for this purpose.

USCIS may request more evidence

Applicants must establish their basic EB-2 eligibility before USCIS evaluates the National Interest Waiver request.

If the applicant does not establish the required EB-2 qualifications, USCIS may deny the petition, issue a Notice of Intent to Deny or request additional evidence.

The agency can then assess the applicant's case under the national interest framework based on the evidence provided.

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NIW has existed since 1990

The National Interest Waiver has been available under the Immigration and Nationality Act since 1990.

The pathway provides an immigration option for eligible professionals whose proposed work could offer significant public, scientific, technological or economic benefits to the United States.

It can therefore be relevant to professionals such as scientists, researchers, technology innovators and other highly skilled experts who meet the applicable EB-2 and NIW requirements.

Benefits enjoyed by Green Card winners

Meanwhile, YEN.com.gh reported earlier that the US Green Card Lottery offered successful DV-2026 winners a pathway to permanent residence in America.

Those who completed the immigration process could gain access to several important opportunities after obtaining their Green Cards.

Some of the benefits could significantly shape their work, study and family plans in the United States.

Source: YEN.com.gh