How to Move to the United States Without Relying on an Employer—Learn About the EB-2 NIW Green Card

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In this post, I’ll share my experience with the immigration process to the United States. I came on an H-1B visa, which is a work visa that requires a company to apply on your behalf. At the end of this article, you’ll also find links to a podcast and a talk I gave on this topic.

I am not a lawyer or an immigration specialist. Therefore, the information shared here is for informational purposes only. Please consult the official U.S. immigration website, USCIS, for official information.

There are many ways to immigrate to the U.S., and I recently learned about the EB-2 NIW (National Interest Waiver). This is a green card that ordinary people (like me) can apply for without needing a company to sponsor them. YAYYYYY o/

You don’t need to have experience in the United States to apply. You basically need a degree in IT (there are other fields like engineering and healthcare that are also eligible—in this article, we’ll focus solely on IT; for other fields, consult an immigration advisor) and relevant work experience in the field.

What is this green card?

There are several ways to immigrate to the United States. And for IT professionals, most of them require you to be enrolled in school, have a company sponsor you, or start a business in the U.S.

All of the options listed above are “temporary,” and during your time in the U.S., you’ll need to find a way to obtain a green card (which grants permanent residency), which is usually also secured through an employer.

There is an option known as the EB2-NIW (EB2 is a green card category—there are also EB1, EB3, etc.—and NIW stands for National Interest Waiver of Job Offer, which means you’re exempt from the requirement to have a “job offer”). This green card is also available to those who are already in the U.S. through a company or school and wish to obtain permanent residency. This can significantly speed up your process and can be pursued in parallel with other green card applications.

Under this category, you—an IT professional (and it’s also available for other fields such as engineering and healthcare—check the consulate’s website for more information)—who already has some work experience can apply on your own. The idea is that if you can demonstrate that you are an outstanding professional who can help the United States advance, they will accept your application. Generally, this is demonstrated through: projects you’ve worked on that may have had an impact on society, certifications you hold in the technology field, published articles, volunteer work, mentoring, etc. There are several ways to demonstrate these “exceptional abilities”—as they call them—and each case is unique.

The fact is, you can apply while in Brazil; you don’t need a lawyer, and the result is issued within two years (there’s “premium processing,” where you can pay an additional fee to receive a response within 15 calendar days for one of the stages that usually takes 6 to 12 months —these times vary greatly depending on when you apply, and the USCIS website has the most accurate dates—some people have even been approved in 3 months).

What do I need to do?

First, understand how the process works (THIS IS VERY IMPORTANT).

I recommend these articles and videos:

Once you understand what it is and how it works, I recommend contacting a few consulting firms to evaluate your specific situation; I call this step “QUALIFICATION.” This step is usually free and can be done online—you submit your resume, and they’ll let you know whether you qualify or not. It’s very common for companies to give different results. I know people who were rejected by several companies during the qualification process but still applied and had their applications approved. So try it with different companies. If any of them charge you, look for others. There are plenty of companies that do it for free. The idea here is just to get a general idea.

Some company websites:

The third step is to decide whether you want to do it on your own or hire a company to advise you.

This step is very personal. If you decide to do it on your own, you’ll need to dedicate a lot of time to fully understand how the process works, watch plenty of YouTube videos, and talk to people through Facebook groups and Slack, etc. Then you’ll need to prepare all the documents, find certified translators, and handle everything else.
If you hire a company, it’s VERY EXPENSIVE, but they’ll handle everything for you. You just need to meet with them and explain your situation, send them the basic documents, and they’ll take care of preparing everything needed for the process and actually filing the application.
Another option is to hire an immigration attorney just to guide you through the process. You’ll only pay for the consultation, and the attorney will explain what needs to be done for your specific case.
At that point, you’ll also need to decide whether to apply while in the United States or from outside the country (anywhere else in the world), since the forms are different for these two scenarios (though the process is very similar).

Once you’ve made your decision and are prepared, you submit the application, wait the required time, and receive the result.

Once you receive the result, you have 6 months to move to the United States (if you applied from abroad) and find a job and everything else. If you’re already in the U.S., you’ll simply “change” your status.

How much does it cost?

The U.S. government charges the following fees (as of June 2023—these amounts are subject to change at any time):

Form I-140: $700.00
Forms I-485, I-765, and I-131: $1,225.00 (per adult)/$750.00 (per child up to age 14)
Biometrics: $85.00
Form DS-260 (for applicants outside the U.S.): $345.00
Premium processing: $2,500.00

Fees for consulting firms (government fees are NOT included):

D4U: $16,200.00
Gdreams: $10,000.00 (outside the U.S.) / $11,400.00 (in the U.S.)

Hourly rates for attorneys (government fees are NOT included):

LawFirm1: $275.00–$350.00
Fletcher Tilton: $200.00
Herman Legal Group, LLC: $200.00

Some additional fees:

Certified translation (not required): $6.00 per page
Expert Opinion Letter and Academic Evaluation (highly recommended): $750.00
Business Plan (not required): $2,000.00

What if your application is denied?

If your application is denied, you can request a review (I’m not sure what the cost is).

If you applied through a consulting firm, they usually offer a free reapplication.

Conclusion

This may be the simplest and most feasible option for most people, since even those with a work visa will eventually need to obtain a green card if they wish to remain in the U.S. And considering that the process can take up to two years, it’s important to start as soon as possible to ensure a quick result. This timeframe is subject to change at any time.

The average cost of the process is $7,000.00 (if you’re doing it without a firm). And you generally need to have this amount on hand, as there is no “financing” available.

Some keywords to search for to learn more about the topic:

EB2 NIW
EB2 NIW consular interview
National Interest Waiver
Visa Bulletin
premium processing

FAQ (in English—you can use Google Chrome's translator):

I talked a little about this topic here:

Any questions? Leave them in the comments!

See you later!

tags:

#carreira #carreira-internacional #eua #green-card #greencard #imigração

What is this green card?

What do I need to do?

How much does it cost?

What if your application is denied?

Conclusion

raptatinha

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