Getting a green card under the EB2 National Interest Waiver (NIW) category might seem overwhelming. One common question ask is if they need a lawyer. In this article, we'll talk about what role a plays in the EB2 NIW application process and help you figure out if hiring one is the way to go.
Understanding the Requirements for EB2 NIW
Before we dive into whether you need a lawyer or not, let's quickly go over what it takes to qualify for the EB2 NIW category. There are two main ways to meet the criteria: either through having an advanced degree or by showing exceptional ability in your field. The advanced degree part usually means having a master's or Ph.D. degree, or a bachelor's degree with five years of work experience that shows progress. If you don't meet these conditions, you can still qualify by demonstrating exceptional abilities.
Besides these educational and professional requirements, there are three parts you need to fulfill based on the Matter of Dhanasar decision. These parts look at how important your work is nationally, your capacity to advance your proposed plans, and how waiving labor certification would benefit the United States.
Do You Really Need a EB2 NIW Attorney?
The simple answer is no, you don't have to hire a lawyer for your EB2 NIW green card application. The United States Citizenship and Immigration Services (USCIS) doesn't require you to have legal representation for this kind of petition. You can lead your own case and represent yourself throughout the application process without needing an employer or company to sponsor you.
Many folks, including myself, successfully go through this process without any legal help. But keep in mind that even though it's doable without a lawyer, it's not quick or easy. It takes a lot of time and effort to gather all the needed documents, write an appealing cover letter, and make sure everything meets USCIS requirements.
According to official web of USCIS at Employment-Based Immigration: Second Preference EB-2 | USCIS.
When Might Having a Lawyer Come in Handy?
While a lawyer isn't mandatory, having one around can be useful in some cases. If your profile has complexities or if research throws up conflicting information, consulting with a lawyer can offer clarity. Lawyers can provide guidance on specific questions via consultation services where you pay for their time by the hour.
You also have the option of hiring them to handle your entire application process. Keep in mind that even if you hire them, you'll still need to give detailed information about your career, projects, and accomplishments since they're not experts in your industry. They can help organize and present this info better but can't create it on your behalf.
How Much Would Hiring a Lawyer Cost?
The expenses related to hiring a lawyer for an EB2 NIW application vary widely from $7,000 to $20,000 or more. It's important to ask potential lawyers about their fees and what services they include in those costs. Some may offer extra services like drafting recommendation letters or giving feedback on your profile while others might not include such things.
Mixing DIY with Some Legal Support
If you feel confident handling most of the work yourself but want professional advice now and then, blending both approaches might be ideal for you. You get most of the tasks done independently but seek help from lawyers when needed like reviewing your petition or answering complex inquiries which ultimately saves costs while offering legal insights.
Conclusion
Deciding whether or not to hire a lawyer for an EB2 NIW application depends on personal choice. While it's absolutely doable without legal representation, having a lawyer could be beneficial especially in complicated situations. If going solo is your choice, make sure to research thoroughly; plan diligently; consider getting advice from lawyers whenever unsure.
For those considering mixing DIY efforts with extra support like finding sample petitions and tailored guidance on my website can come in handy during this journey towards getting your green card! Best of luck with your application; remember every bit of effort poured into it may significantly influence its success!