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[Green Card] EB-2 NIW National Interest Waiver Application (0) Terminology Explanation Petitioner vs Applicant

 

Image by David Peterson from Pixabay

Disclaimer.

The content provided in this article is based on personal experience and is for public information purposes only, and it does not constitute legal advice. The information presented herein should not be considered a substitute for professional legal guidance. Immigration laws and regulations are subject to change and vary depending on individual circumstances. For comprehensive and up-to-date legal assistance, it is recommended that you consult a qualified immigration lawyer. The author of this article assumes no responsibility for any action taken or not taken based on the information provided herein.


Petitioner versus Applicant

In an I-140 petition, the petitioner and applicant usually refer to two different individuals involved in the immigration process:

  1. Petitioner: Typically, the petitioner is an employer or entity sponsoring a foreign national for permanent residency in the United States. In the context of NIW, it can be an organization or company where the foreign national is employed, or it can be the applicant themselves. The petitioner files an I-140 petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign national.
  2. Applicant: An applicant is a foreign national seeking a NIW and eventually obtaining a U.S. green card. They are the beneficiaries of the I-140 petition filed by the petitioner. Applicants need to meet the eligibility criteria of the NIW, including demonstrating that their work is of significant national interest and possess the necessary qualifications such as a Ph.D., Master's or Bachelor's degree, plus five years of work experience.

To summarize, the Petitioner filed the NIW I-140 petition and the Applicant was a foreign national seeking permanent residency and a Green Card based on the NIW. The applicant's qualifications and the petitioner's support are very important for a successful NIW petition.

Self-petition Applicant?

In a voluntary petition like the NIW, the foreign national (applicant) can file an I-140 petition on their own behalf. They don't need an employer or a specific petitioner to sponsor them. This is a feature of NIW that enables individuals with exceptional qualifications in the field of national interest to petition for themselves.

The author also has the following articles, feel free to read more at your convenience. 

Cited Data :

  1. Matter of DHANASAR, Petitioner
    Thanks to Dr. Dhanasar's struggle, NIW's audit horizons have been broadened. So if you study NIW, you've probably seen the name Dhanasar.
  2. EB2 NIW application mistakes to avoid
  3. 8 misconceptions about EB-2 NIW green card process
  4. Publications and citations for NIW green card
  5. New version of ETA-9089 form
  6. How to qualify for National Interest Waiver
    This article mentions how to find government information to support your petition.
  7. How to assemble the I-140 petition for EB2 NIW
  8. EB-2 NIW processing time
  9. EB2 NIW cover letter : what it is and how to prepare one
  10. Personal Statement for EB2 NIW
  11. A guide to EB2 NIW Recommendation Letters
  12. The Adjustment of Status for EB2 NIW
  13. Concurrent or separate EB2 NIW application?
  14. Understanding Retrogression: What It Means, Why It Happens, and How to Manage It
  15. Traveling during green card process
  16. Guide to Consular Processing for EB2 NIW green card

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