Below are Frequently Asked Questions and answers about seeking a National Interest Waiver (NIW) Green Card for teachers. You can also watch related informational videos about the National Interest Waiver for teachers on our YouTube channel.
• What is a National Interest Waiver (NIW)?
A National Interest Waiver allows certain individuals to apply for a green card without the need for a job offer or labour certification, based on the premise that their work serves the national interest of the United States.
• Who is eligible for a National Interest Waiver as a teacher?
Teachers who can demonstrate that their work substantially benefits the educational environment, addresses critical shortages, and advances the field of education in the U.S. may be eligible for a NIW.
• What are examples of evidence to support my NIW application?
Evidence may include a record of outstanding achievements in education, publications, awards, and proven impact on students and educational methodologies across the industry.
• Do I need a job offer for a NIW?
No, one of the key benefits of the NIW is that you do not need a job offer to apply. However, you must document how your work serves the national interest and how you will go about pursuing your endeavor.
• What is the application procedure for a National Interest Waiver?
The process generally involves filing a Form I-140 , Immigrant Petition for Alien Worker, and Form ETA 9089, along with supporting documentation to prove your eligibility and that your work benefits the U.S.
• What is the duration of the NIW application process?
Processing times can vary depending on the service center and the volume of applications. A decision may take several months.
• Should I consult an attorney for my NIW application?
It is highly recommended to consult an attorney experienced in immigration law to help navigate the complexities of the NIW application process.
• What documentation will I need to submit for my NIW?
You will need to gather evidence such as your curriculum vitae, recommendation letters, and any certifications or accolades that highlight your contributions to education.
• What if my NIW petition is denied?
You may have the option to appeal the denial or reapply with additional evidence that addresses the deficiencies noted in the decision.
• Where do I file my NIW petition?
Your NIW petition (Form I-140) must be sent to the appropriate USCIS service center based on your location and situation. Refer to the USCIS website for specific filing addresses.
• How do I check the status of my NIW petition?
You can check your case status online using your receipt number, which will be provided after your application is received by USCIS.
• What should I do if I haven’t heard back about my NIW petition?
If you have not received a response or update within the expected processing time, you can contact USCIS for information regarding your application status.
• Can I apply for a work permit while my NIW application is pending?
Yes, there are several ways to apply for a work permit while your NIW petition is pending. If you also have an I-485 green card application pending, you may request an employment authorization document (also known as an EAD) pursuant to that filing. If you hold asylum and your case has been pending for at least 150 days, you may apply for an EAD pursuant to that asylum application. If you hold another status that allows you to apply for an EAD, then you may do so. You may also hold a status that allows work authorization incident to that status such as an H-1B, L-1, L-2 visa, or O-1 visa.
• What are the steps to take if my NIW petition is approved?
After approval, you will need to complete the process for obtaining your green card, which may involve filing Form I-485 if you are currently in the U.S., or an immigrant visa if you are outside of the U.S.
This FAQ is designed to help you understand the National Interest Waiver process for teachers. If you are a teacher eager to make an impactful contribution to education in the United States, consider consulting professional experts to guide you through the NIW process and to strengthen your application. Are you ready to explore your options for the NIW Green Card?