United States EB2-NIW
Visa for Airplane and helicopter Pilots
The EB-2 NIW National Interest Waiver is a program that allows foreign airline pilots with exceptional ability to obtain a green card without the need for a job offer or sponsorship. This program recognizes the importance of experienced pilots in the U.S. aviation industry and allows them to contribute their skills and expertise to the national interest.
EB2 NIW Visa Pilot Program Benefits
Residency and Family Inclusion
- Unconditional Green Cards (permanent residence status) for the applicant and dependents.
- Dependents include spouse and children under 21.
- Each of the applicant and dependents will have independent Green Cards giving them the right to live, work, and study in the USA.
Travel and Quality of Life
Right to live, work, and study in the USA.
Ease of Access
- Pathway to U.S. citizenship after 5 years of residence in USA.
- Estimated overall processing time for the Visa Pilot: 12 – 18 months.
eb2 niw visa requirements
- At least 10 years of full-time experience as a pilot.
- A licence to practice your profession or certification for your profession or occupation.
- Academic records showing a degree, diploma or certificate related to the aviation industry from a college, university, school, or other comparable institutions.
- Membership in pilot professional association(s).
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
- Recognition of achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
- Other comparable evidence (anything that makes your training and/or experience special or noteworthy, including management and/or training duties).
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EB2-NIW Visa Pilot Program Process Time
Processing time 8-12 Months
Due Diligence And Application
- Pre-assessment.
- Collection of supporting documents.
- Submission of application, with supporting documents and individualised letter of support.
Approval And Investment
- 8 to 12 months to receive National Interest Waiver (Premium processing is available to shorten the timeline).
- File for the immigrant visas at U.S. consulate abroad.
- 3 to 6 months to obtain immigrant visas.
Residency
- Enter the USA within 6 months of issuance of immigrant visas.
- Receive Green Cards by post to USA address.
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With over 30 years of immigration experience, each of Harvey Law Group’s lawyers carefully studies each client’s needs, resources and determines the immigration solution that best aligns with our client’s vision and values.
Frequently Asked Questions
What is the EB2 NIW?
The EB-2 NIW (National Interest Waiver) visa is a specialized immigration pathway designed for foreign nationals who possess exceptional abilities or advanced degrees, allowing them to obtain a green card without the need for employer sponsorship or labor certification. This visa category is particularly relevant for individuals whose work is considered to be in the national interest of the United States.
What are the benefits of the EB2 NIW USCIS visa program?
EB2 NIW USCIS Visa holders gain lawful permanent residency (green card) in the United States.
Is a job offer required to apply for an EB-2 NIW visa?
A job offer is mandatory for EB-2A and EB-2B categories but not for the National Interest Waiver (EB-2C).
What is a National Interest Waiver?
The National Interest Waiver (NIW) is a provision within the U.S. immigration system that allows certain foreign nationals to obtain lawful permanent residency (a green card) without the need for employer sponsorship or labor certification. This waiver is particularly beneficial for individuals whose work is considered to be in the national interest of the United States.
What criterias for EB2 National Interest Waiver?
National Interest Waiver applicants must prove their project’s substantial merit and national importance, their capability to execute the project, and that waiving a job offer benefits the U.S.
Is the EB-2 NIW specific to certain professions?
The EB-2 National Interest Waiver is not restricted to specific professions; it evaluates exceptional ability and national interest broadly.
Have pilots been successfully approved for the EB-2 NIW?
Successful EB-2 NIW applications for pilots have varied in processing times, with approvals as quick as under two months.
What is the Form I-140?
Form I-140 is required for EB-2 visa and National Interest Waiver applications.
Are all pilots eligible for the NIW EB2?
Only highly experienced pilots and first officers with compatible major licenses qualify for the EB-2 National Interest Waiver.
Is an FAA pilot license required for this application?
While not mandatory, an FAA pilot license demonstrates immediate impact potential, enhancing the EB-2 NIW application.
Must I join a professional pilots' association to support my EB-2 application? If so, which organizations qualify?
Membership in professional pilot associations can strengthen an EB-2 visa application; examples include unions exclusively for professional pilots.
What are the risks associated with applying for an EB-2 National Interest Waiver?
Applying for an EB-2 National Interest Waiver indicates intent to immigrate, which may influence future non-immigrant visa applications.
Can I enter the US while my EB-2 application is pending?
Travel to the U.S. is permitted during EB-2 application processing; ensure to declare any immigrant visa applications to immigration officers.
What is the processing time for a National Interest Waiver application from submission to approval?
The National Interest Waiver typically processes within 8 to 12 months; the fastest approval recorded was less than two months.
What is the processing time for obtaining an immigrant visa DS-260/green card at a U.S. consulate?
After EB-2 NIW approval, obtaining the immigrant visa and green card via DS-260 at a U.S. consulate generally takes 3 to 6 months.
If residing in the USA, must the main applicant return to their country of origin to apply for the immigrant visa and green card?
Applicants residing in the U.S. may adjust their status without returning to their country of origin to apply for an immigrant visa and green card.
Is travel to or residence in the USA required as part of the EB-2 application process?
The EB-2 application process does not require residing in the USA.
Is there currently a backlog for obtaining a green card under the EB-2 program?
2024 Retrogression may affect green card timing for applicants from India and Mainland China; spouse’s nationality might circumvent this.
Are legalized or notarized translations required for any supporting documents in a foreign language?
Translations of foreign documents need not be legalized or notarized; a certified translation suffices.
What are the government fees for filing an I-140 petition?
The Eb2 NIW petition for an EB-2 visa requires a government filing fee of USD 700.
Who qualifies as dependents under the EB-2 program?
Dependents under the EB-2 program include the spouse and children under 21 years old.
Are common-law partners and same-sex marriages recognized under the EB-2 program?
Same-sex marriages are recognized under EB-2; common law partners are not eligible as dependents.
Can children over 20 years old be included if the process extends beyond their 21st birthday?
Children over 20 may qualify under the EB-2 if the adjusted age is under 21 when the immigrant visa becomes available.
Can I sponsor my parents after receiving my green card through the EB-2 program?
Green card holders cannot sponsor parents; only U.S. citizens have this capability.
If my spouse is not a dependent in my EB-2 application, is their authorization required to include our children?
Inclusion of children in the EB-2 application requires consent from a non-applying parent.
What is the validity period of the EB-2 green card?
EB-2 green cards are valid for 10 years and are not conditional.
Is the EB-2 green card conditional?
There is no specific residency requirement for green card holders, but extended absence may risk losing permanent residency status.
Is there a residency requirement for EB-2 green card holders?
There is no specific residency requirement for green card holders, but extended absence may risk losing permanent residency status.
Are EB-2 green card holders permitted to work and study in the USA?
EB-2 green card holders are entitled to live, work, study, or retire anywhere in the USA.
Can EB-2 green card holders apply for U.S. citizenship?
Green card holders can apply for U.S. citizenship after five years of residency, requiring physical presence for at least 2.5 years.
Are airline pilots eligible for EB-2 visas?
Yes, airline pilots can potentially be eligible for EB-2 visas, particularly through the National Interest Waiver (NIW) category. However, eligibility is not guaranteed and depends on several factors. Pilots must typically demonstrate exceptional ability in their field, have advanced degrees or extensive experience, and show how their work substantially benefits the United States. While it’s possible, it can be challenging for many commercial airline pilots to meet the stringent criteria. Pilots with unique qualifications, significant industry contributions, or specialized expertise may have a better chance of qualifying. It’s advisable for interested pilots to consult with an immigration attorney to assess their individual circumstances and eligibility.
Are helicopter pilots eligible for EB-2 visas?
Yes, helicopter pilots can potentially be eligible for EB-2 visas, particularly through the National Interest Waiver (NIW) category. This opportunity has arisen due to the growing shortage of helicopter pilots in the United States
What are the EB2 NIW Requirements?
To qualify for the EB-2 NIW (National Interest Waiver) in the aviation industry, applicants should provide evidence of exceptional ability. This can include:
- At least 10 years of full-time experience as a pilot.
- A licence to practice your profession or certification for your profession or occupation.
- Academic records showing a degree, diploma or certificate related to the aviation industry from a college, university, school, or other comparable institutions.
- Membership in pilot professional association(s).
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
- Recognition of achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
- Other comparable evidence (anything that makes your training and/or experience special or noteworthy, including management and/or training duties)
Applicants should provide as much relevant evidence as possible from these categories to strengthen their EB-2 NIW application in the aviation field.
What is the EB2 NIW approval rate?
The EB2 NIW visa approval rate has fluctuated in recent years:
- FY 2023: Approximately 80% overall approval rate
- FY 2022: 90-96% approval rate
- STEM occupations: 91% approval rate in 2023 (EB2 NIW STEM)
- Non-STEM occupations: 66% approval rate in 2023
Key factors affecting approval rates:
- Increased demand
- New USCIS officers
- Stricter adjudication standards
Individual approval chances depend on:
- Applicant’s professional profile
- Proposed endeavor’s national importance
- Quality of petition package
- USCIS officer evaluating the case
What is an EB2 NIW petition?
An EB2 NIW (Employment-Based Second Preference National Interest Waiver) petition is an immigration option for highly skilled professionals and researchers.
It allows individuals to apply for a green card without a job offer or labor certification if they can demonstrate that their work is in the national interest of the United States. This category requires applicants to have either an advanced degree or exceptional ability in their field.
Why is the EB2 NIW petition important?
The EB2 NIW petition is crucial for several reasons:
- It offers a path to permanent residency for highly skilled individuals without requiring employer sponsorship.
- It provides flexibility in career choices and job mobility.
- It can lead to faster processing times compared to other employment-based categories.
- It allows applicants to self-petition, giving them more control over their immigration process.
At Harvey Law Group, we recognize the EB2 NIW as a valuable option for many of our clients, particularly those who are leaders in their fields or whose work significantly benefits the United States.
What is the EB2 NIW Documents Checklist?
Concise and up-to-date checklist for the EB2 NIW application in 2024
- Letters of recommendation
- Evidence of professional achievement and awards
- Form i-140 (Download here)
- A license or certification to practice the profession
- Educational credentials
- Membership
- Proof of national interest
- Resume or CV
- Education certification
Why choose Harvey Law Group for the EB2 NIW Petition?
At Harvey Law Group, we understand that choosing the right immigration law firm is crucial for the success of your EB2 NIW petition. Our experienced team brings extensive expertise to every case, crafting high-quality petitions tailored to your unique qualifications.
We pride ourselves on our meticulous attention to detail, ensuring that all required documents are perfectly prepared and submitted to minimize the risk of delays or denials. With our deep understanding of immigration law nuances and up-to-date knowledge of policy changes, we present your case in the most favorable light to immigration officials.
By partnering with us, you’re not just submitting a petition; you’re maximizing your chances of approval. We are dedicated to saving you time, reducing your stress, and swiftly addressing any issues that may arise. Trust Harvey Law Group to guide you through this complex process and help you achieve your immigration goals.