Earlier this year USICS, the agency that administers American immigration law, updated its policy regarding self-sponsored Green Cards in the National Interest Waiver category. The change is favorable to candidates who have advanced STEM degrees.
For years, individuals have been able to self-sponsor for Permanent Residency known as the “Green Card” without an employer if certain conditions are met. The updated conditions are engagement in work that furthers a critical and emerging technology or other STEM area important to U.S. competitiveness and that the candidate is well-positioned to continue their work or that the sponsorship should be waived, usually because the work applicant’s contributions are sufficiently urgent to forgo the traditional labor certification process, they might create jobs for Americas or will be self-employed in a manner that generally does not adversely affect U.S. workers.
The policy change has attracted many candidates from Nigeria, several of whom have already secured the coveted Green Cards.
Amoge Uwalaka is one such beneficiary. She holds a master’s degree in environmental Toxicology and a bachelor’s in chemistry and works for an American additive technology company as a senior Analytical Chemist and Quality Control Administrator.
Uwalaka noted, “The process is very helpful if you meet the criteria of eligibility, you can file for yourself without the affiliation of any company or institution that may not be willing to file for you. The process may be rigorous but it is worth it because once you get approved, you have bypassed the labor certification process and you are certain that you are adding value to the Nation in whatever you are doing. To you, it gives independence as you are not indebted to any company and can work for any institution of your choice.”
Victor Eno, PhD is an Associate Professor of Political Science in the Department of History and Political Science at Florida Agricultural and Mechanical University. He earned his Lawful Permanent Residency through the National Interest Waiver before the policy change.
“The NIW process allows talented individuals with advanced degrees in different disciplines, and distinguished with considerable accomplishments in their fields, to apply for permanent residency status. These individuals do not need to be tied to a particular employer because they can sponsor themselves and demonstrate to USCIS that they meet national interest criteria of exceptional ability and prospective contribution to the advancement of U.S. national interest in different professional fields. I am one of those fortunate foreign professionals (now a U.S. naturalized citizen) who earned permanent residency through the NIW path with the assistance of Elizabeth Ricci, Esq., of Rambana & Ricci, PLLC, who helped to file my NIW package”, said Eno.
Another benefit of the NIW is that spouses and children under 21 can also become Green Card holders through the principal candidate.
For those outside the U.S., the process involves filing a package that includes a Petition for Alien Worker known as the Form I-140 along with proof the applicable criteria are met. If the case is approved, it is transferred for electronic processing to the National Visa Center then to a U.S. consulate abroad where the candidate undergoes an interview, security check, and medical exam. If all goes well, the beneficiary should enter the U.S. within six months. If they maintain 2.5 of the following five years in the U.S. and have good moral character, they can file for American citizenship if they choose.
It’s a “win-win” for the candidates and for the U.S.
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