Publication date: 03.07.2025
Multilingual legal professional with strong expertise in litigation, immigration, family, and corporate law. Skilled in arbitration and high-quality legal drafting, with a track record of effective advocacy and strategic case management. Combines analytical precision with a results-driven approach to complex legal and business matters.
Obtaining a Green Card under the EB-2 NIW Category: Case of a Biotechnology Researcher
The EB-2 NIW (National Interest Waiver) category allows highly qualified professionals to obtain a green card without a job offer if their work is in the national interest of the United States. In this case, attorney Nugzar Koberidze developed a comprehensive petition strategy for a European scientist specializing in biotechnology. Thanks to a well-prepared case and argumentation aligned with legal precedent, the petition was approved in just 6 months.
Case Context
The client is a scientist with many years of experience and publications in the field of biotechnology. While working in a European lab, he aimed to continue his research in the U.S. without being tied to a specific employer. The EB-2 NIW category was the ideal solution, allowing him to obtain lawful permanent resident status based on the significance of his scientific work to the interests of the United States.
Legal Support Stages
1. Profile Analysis and Eligibility
- Analyzed the client’s professional background, academic achievements, and scientific publications
- Assessed the impact of the research on public health and the U.S. economy
- Confirmed eligibility under the Matter of Dhanasar standard: innovation, substantial merit, and national interest
2. Evidence and Argumentation Preparation
- Collected key scientific publications with a high citation index
- Prepared recommendation letters from U.S. and EU scientists confirming the significance of the applicant’s work
- Developed a justification of how the applicant’s work benefits U.S. society and industry
3. Petition Filing with USCIS
- Completed and submitted Form I-140 with a fully customized evidence package
- Filed directly without going through the PERM labor certification process
- The case was processed under the standard procedure without a Request for Evidence (RFE)
4. Approval and Immigration
- The petition was approved within 6 months
- The client received an immigrant visa at a U.S. consulate after an interview
- He relocated to the United States and became a lawful permanent resident (Green Card holder)
Result
- The client obtained an immigrant visa without needing a U.S. job offer at the time of application
- The EB-2 NIW petition was approved without an RFE within 6 months
- The client successfully immigrated to the U.S. and continues his research under permanent residency status
Frequently Asked Questions
Question
Can I obtain a green card through NIW without a job offer?
Answer
Yes. If you meet the national interest criteria, no employer sponsorship or PERM labor certification is required.
Question
How long does it take to process an NIW petition?
Answer
Standard processing time for Form I-140 under NIW is 6 to 10 months. Premium Processing became available in 2022 and can reduce this to 45 days.
Question
What evidence is most important in an NIW case?
Answer
Key evidence includes publications, patents, citations, recommendation letters, peer review activity, and proof of impact on the U.S. economy or society.
This case, managed by attorney Nugzar Koberidze, shows how a carefully planned strategy and deep understanding of EB-2 NIW standards allow highly qualified professionals to obtain a green card without employer sponsorship. The client successfully immigrated to the United States and continues his scientific work with full legal stability and permanent resident status.
