Based on hundreds of approvals every month and our close track of USCIS internal memoranda, AAO decisions, and judicial review decisions, we have unique insight into the USCIS adjudication trends. prevent Google Analytics from using data from your device, E1 Immigration Attorney Free Consultation, EB5 Visa Regional Center Application Process, EB5 Visa Regional Center Formation, Compliance and Marketing, New York Immigration Lawyer Free Consultation, 3 Underutilized Criteria for Establishing Extraordinary Ability in the Sciences, Education, Business, and Athletics in an O-1 Petition, 6 Must Haves For a Successful H1B Petition, 5 Similarities Between an L-1, H-1B, and O-1 Visas, When You Must File an Amended H-1B Petition Due to Changes in Work Site Locations and Travel, Having Your U.S. Citizen or Greencard Holder Spouse Petition for You, The difference between consular processing and adjustment of status, 5 Top Tips for a Successful Family Petition, 5 Top Tips on How to Avoid Getting Your I-485, Green Card Application, Returned or Denied, What Activities Qualify for a Temporary B-1 Business Visitor Visa, How USCIS determines if a position meets the speciality occupation requirement, Going from H-1B to EB-1, EB-2, or EB-3 Green Card, 6 Reasons to Apply for a L-1 over an H-1B if you are eligible for both, How to Maximize Your Ability to Find An Employer to File Petition for a First Year or Second Year College International Student, Finding an Employer to File a Green Card Petition for You When You Have Less than Two Years Left to Graduate or are in a Masters Degree Program as an International Student, 5 Considerations When You are an International Student and Have Both an Employer and A Spouse Who Can Petition for You for a Green Card, 3 Considerations in Deciding Whether to Do a Change of Status or Consular Processing to go from an F-1 to J-1, Comparing and Contrasting Your F-1 Student Visa Work Options: OPT v. CPT, Green Card Options for Students through Employment and Family Petitions, The Job Search: When and How to Start Looking for a Post-Graduation Job, Setting Yourself Up for Success Whether You Work On-Campus or Intern Off-Campus in the Summer. 500 N. Brand Blvd, Ste. So for nationals of Mexico, Philippines, and all other countries they can obtain the same benefit of applying for their green card at the same time as the I-140 without having to prove the EB-1 standard. Waiving the labor certification requirement would benefit the national interests of the United States. Some reasons for NIW denials include being ineligible, errors on the part of the petitioner or beneficiary, lack of clarity on fulfilling the requirements, and inappropriate filing of the petition. Dayna is an EB2 I-140 lawyer in the greater Boston area. A place to discuss US and Worldwide immigration news, politics, visas, green cards, raids, deportations, etc. Since national interest is not defined by the regulations, USCIS relies on a 1998 Administrative Appeals Office (AAO) precedent decision that lists a three-prong test for deciding a national interest waiver. Your spouse and children under the age of 18 may be admitted to the United States. But if you want to be 100 percent sure, you might consider filling newer form ETA-9089. ETA-750B was used earlier but USCIS continued to accept it when filling with NIW. As of June 2023 the average processing time for the I-140 advanced degree or exceptional ability requesting a National Interest Waiver (NIW . A national interest waiver (NIW) application includes Form I-140, ETA 750B, supporting documents, and endorsement letters from experts proving that the foreign nationals admission is worthy of a waiver. I am in ohio. First, choose your state: Alabama; Alaska; Arizona; Arkansas; California; Colorado; Connecticut; Delaware; Dist. Green card for PhD, self petition, NIW requirements, NIW DIY package. Their amazing legal team is thoroughly meticulous, professional and experienced in preparing all application materials! Contact our immigration law firm for a free consultation or with any questions. The EB-2 National Interest Waiver is an appealing category, as it allows those who qualify to self-petition without the need to show a lack of available US workers through a PERM (Labor Certification). These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. That's why we applied for NIW, thankfully it was a success. VisaNation Law Groups highly experienced NIW lawyers have helped countless foreign nationals file their NIW petitions and obtain their green cards. Please note that we dont mention further in this text that we are talking about copies of documents not originals. Am I correct? Of course there is no need to submit everything from this list but forms, fee, petition letter, reference letters and nonimmigrant status documents are a MUST. I-140 instructions are also not totally clear about it. Another approval was for a post-doctoral student who had only two (2) publications. Although the EB2 category normally requires an employer and a . We are a premier corporate, immigration and litigation law firm serving immigrant entrepreneurs and investors from around the world. Hi Veronika, Thus, an EB-2 visa can only be granted provided that there are no qualified U.S. workers who are interested in the position. I am an MD MPH (MD from an African Uni but MPH from top 10 US school in my field). This might be the reason, but honestly I dont really know why they want it. Remarketing involves tracking devices that have visited this website in order to display ads for the Firms services on other websites. What are the J-1 Visa Exchange Program Categories? Your spouse and children under the age of 18 may be admitted to the United States. This privacy policy is intended both to: 1) describe how this website may collect and use information from your Internet enabled device (i.e. The immediate and long-term benefits of your proposed endeavor to the U.S. And every other piece of evidence as deemed fit in your case. This data is collected by sending cookies (or similar tracking technology) to your device. 1. She is a founder, main shareholder and president of private school in NYC. I went through your questions and answers. I am doing research in molecular biology. [CDATA[ If you need complete samples of the forms, they are all part of our DIY kit. I just guess that National Interest Waiver category is under EB2 and it is required to fill it in this category. I will complete my doctoral degree in curriculum and instruction this summer. Green Card Link have got national interest waiver fee online details in a table. I am not allowed to give direct legal advice to you nor evaluate any cases (I am not a lawyer) but I would recommend you to try free niw evaluation. Please share and guide. I Meet the Requirements for Advanced Degree (or Exceptional Ability). So nationals of Mexico, Philippines, and all other countries are able to apply for their green card (concurrently with employment authorization and advance parole) when they file their I-140. Also note that this is not complete list of all possible evidence for NIW case. Hope you understand. When we received the request of immigration physical exam, Dawn predicted that my dad probably would get his green card without an interview. Lawyer for EB2-NIW. She was awesome, knowledgeable and great to speak to. All rights reserved. P visa is available for athletes, artists, and entertainers who seek to work in the U.S. on a temporary basis. This National Interest Waiver test was set out in the 2016 Administrative Appeals Office (AAO) precedent decision called Matter of Dhanasar,26 I&N Dec. 884 (AAO 2016), which established a new framework for evaluating NIW Green Card applications. If I submit I-9089, I will need so many information that I dont have e.g. Use these links to learnhow Google uses data it collects, toprevent Google Analytics from using data from your device, or toopt out of Googles interest-based ads. Thank in advance would be very helpful if you know the answer, mostly would like to know if I should address the letter to mr. gregory. There are two ways for a foreign national to meet the degree requirement for EB-2 classification: 1) he or she must have a U.S> masters degree or higher, or a foreign degree that has been evaluated as the equivalent of a U.S. masters degree; or 2) a U.S. bachelors degree or foreign equivalent plus 5 years of progressive experience after having obtained a bachelors degree. Yes. In order to qualify under the advanced degree category you: In order to qualify under the exceptional ability category you: In order to qualify for the EB-2 NIW you: Retaining an EB2 NIW Visa Lawyer with experience and knowledge of the process is absolutely necessary when handling such important immigration visa matters. Thank you! What is the difference between OPT and CPT? Concurrent Filing: If you have a strong NIW profile, you can choose to file your I-140 Immigrant Petition and I-485 Adjustment of Status Application together (also called "concurrent filing"). State University of New York PostDoc It is pleasure that I can work with Chen Immigration and Attorneys for my I-140 EB1A application. Obtaining a PERM Labor Certificate is the first crucial requirement for most employment-based U.S. visas. USCIS will look at your documents to determine whether the importance of your proposed work is readily apparent. it really depends how you would satisfy other 3 criteria of National Interest Waiver how strong arguments you would find for you particular case. These attorney fees are flat fees that covers all legal services provided in support of your NIW Green Card application. Securing a National Interest Waiver (NIW) for EB-2 visas is arguably one of the most difficult, however, a high-result immigration option for hiring foreign workers. thank you for your question. 2023 VisaNation, Inc. All Rights Reserved. I would be interested in sample filled ETA 9098 form. Here are some alternatives to the EB-2 visa: As you can see, the National Interest Waiver process requires thoroughness and meticulous documentation. I Want to Apply for EB-2 Under the Exceptional Ability Category. For example here: http://www.uscis.gov/sites/default/files/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Advanced%20Degrees%20or%20Aliens%20of%20Exceptional%20Ability/Decisions_Issued_in_2014/JAN232014_02B5203.pdf This case decision is from 01/2014 and it shows they required to fill ETA-750B or ETA-9089 at that time. Did you leave it blank or entered information about current employment? I Want to Apply for the National Interest Waiver. This is usually the hardest factor to prove and is usually the reason that pro se applicants get denied. You will find all these documents (complete example case) in our DIY kit. How it will improve the environment in the U.S. Weve helped numerous U.S. companies hire international workers by securing NIW for their EB-2 visas. While the criteria might appear daunting, approaching the process from the right perspective will make a big difference in your application process and help avoid denial at the end. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. Obtaining EB-2 NIW is one of our employment immigration specializations, and this is what Shilpa Malik, our leading business immigration lawyer, had to say about our practice in this area: In my experience, EB-2 NIW green cards are one of the most sought-after employment immigration pathways for internationalworkers. Although this area of immigration law is highly complex, it also has a high reward since EB-2 green card is very valuable. Less Strict Eligibility Criteria as Compared to EB-1A:Compared to the EB-1A Green Card eligibility requirements, which require you to present compelling documentation satisfying 3 of the 10 "extraordinary ability" criteria, the NIW Green Card eligibility requirements are less burdensome. How do you know that the ETA-750B still can be used instead of ETA-9089 form? Jean Patricia Domanski. The Firm may update this policy. Order EB-2 NIW book. I have 2 published papers (1 as 1st author, 1 as co author) but both have more than 30 citations in 2 years. I am very sorry and hope you understand. Please see thisdisclaimer, which generally addresses information you intentionally send the Firm using e-mail or any contact form on this website. Dawn took her time to listen to our story and explain every possible scenarios to us. Letters which show at least 10 years of full-time experience in your occupation. The lack of notice from Reddit, exorbitant pricing and terrible official apps are unacceptable. Scan this QR code to download the app now. Cookie Notice An advanced degree under the EB-2 category is considered to be a U.S. Master's degree or doctoral degree or its foreign equivalent or a U.S. bachelor's degree (or its foreign equivalent) followed by at least five (5) years of progressive experience in the field. Here at Legacy Immigration, one of our specialties is the EB-2 National Interest Waiver (NIW). you are holder of advanced degree so one statutory requirement is satisfied. Here at Legacy Immigration, one of our specialties is the EB-2 National Interest Waiver (NIW). Some applicants might still receive a denial for lack of clarity when proving they have satisfied each of the three prongs, despite being qualified for the waiver. Along the road, we gathered a lot of information and published it here on the blog for FREE. You might be interested in our NIW DIY Kit which inherits complete documentation as we sent it to USCIS. Have got approval or refund with no letters of rec offer from both Wegreened (Victoria Chen) and Ellis Porter (John Goslow). Regarding ETA form you are right, it is confusing. Filed Under: Green card application procedure, NIW Petition Tagged With: evidence, green card application, I-140, NIW petition. Thanks. The National Interest Waiver petition is a request seeking that the labor certification requirements of an employment-based visa be waived because doing so will be beneficial to the United States overall. If you have an idea what is not in the list and you think it could be helpful for our readers, please write it in the comments below this post. Immigrant petitions and adjustment of status applications can be filed prior to the date the 5-year service is completed if an immigrant visa number is available, including during the 3-year period of H-1B employment for the physician receiving the waiver. We make employment immigration to the U.S. easy and simple. If that attorney does not have expertise in EB2/NIW legal representation, or of there may be other reasons you do not wish to . Must show exceptional ability in the arts, sciences, or business. Some of the generally required items for the NIW process include: These documents must be presented, drafted, and addressed according to the USCIS requirements to avoid rejection. I have being reading thru above questions and answers, thanks for your time good info great site! The physician also must submit further documentation to USCIS after the 2nd and 6th anniversaries of the I-140 approval to show that he or she is still meeting or has met the 5-year requirements. We are proud to admit that we maintain a 100% approval rate without issuance of a Request for Evidence. Again, thank you very much for all the valauable information! Having legal counsel for the NIW process will save you time, money, and help prevent denial. But the client wanted our Kit anyway and said it helped him save a lot of time, especially the prepared templates for letters and samples of the letters were the most valuable for him. Keep in mind that the ideal immigration attorney for you may or may not be located near you. It's easy and it's free! your computer, tablet, smartphone or other device and browsers or apps used to access the Internet), and 2) describe how you may opt out of any such collection and use. Exclusive Focus on EB-2 NIW, EB-1A, and EB-1B Categories. in Communications. The workaround is that if the priority date is current, applicants can file their green card application, along with Form I-765, Application for Employment Authorization. Click the following link for our fee schedule > Attorney Fees You might be interested in. Comparatively, I-750 B is much simpler. Let me know if you have any questions. For instance, your letters of petition and recommendation as well as your resume, must demonstrate your eligibility for an NIW and show that your request meets each of the three prongs of the National Interest Waiver requirements. However, if your NIW was based on your work with a particular employer, the petition would no longer be valid if the employer went out of business or no longer wished to hire the applicant. I will submit my first paper soon. Many thanks in advance..I really appreciate it. This will allow applicants to continue to be lawfully employed until a decision on their pending national interest waiver case is made. These three prongs are outlined below (See USCIS NIW link here). North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. I would highly recommended Dawn for any immigration casesThank You very muchVarsha Patel. I graduated in 2019 with dissertation and I dont have any publication yet. For all skilled people who deserve a chance to live in the USA without restrictions. How Green Card-Seeking Investors from China Are Fueling NYC Construction, Must apply for a job that requires an advanced degree, Must possess an advanced degree (or possess a bachelors degree plus 5 years of progressive work experience). For more information, please see our After contacting Dawn, and discussing my case with her, I knew immediately I wanted her to represent me. I cannot find proper official information now but you can see pieces of information here and there in cases published on USCIS website. Yes and no. Because the EB-3 professional green card only requires a foreign national to have a bachelor's degree to qualify for the immigration benefit, many EB-2 National Interest Waiver (NIW) candidates believe that they likely need a Ph.D., doctoral or professional degree. Not lawyers, not a corporation, just regular people who thought they deserve to have rights like everybody else in the USA. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. The waiver portion applies to the labor certification process. You can pass the General EB-2 Eligibility Test by meeting 1 of the following 2criteria: You have an advanced degree (Master's or Ph.D Degree), or its equivalent (Bachelor's Degree and 5 years of experience); or. Schedule a consultation with our senior immigration lawyer to discuss whether EB-2 NIW is right for you. Separate Filing: If there is some uncertainty regarding the strength of your NIW profile, you can choose to file your NIW I-140 Immigrant Petition first, and then once it is approved, you can file your I-485 Adjustment of Status Application (assuming your EB-2 priority date is current). Citizenship and Immigration Services), decisions of AAO (Administrative Appeal Office) and judicial review opinions. UPDATE [2017/02/06]: On December 27, 2016 AAO issued a, Do you find this website useful? However, she also taught youths music appreciation across the country. we'll discuss the requirements for obtaining an EB-2 national interest waiver. We provide here a list of documents which might be submitted in the first stage of green card application (I-140 Immigrant Petition for Alien Worker). The benefits to a specific U.S. agency or government in general, The benefits to the U.S. education sector, Why it is more advantageous to be granted a waiver than to go through the labor certification process. Please enable JavaScript in your browser to complete this form. A foreign national who has an approved I-140 and NIW, may file an adjustment of status application even if he or she has not completed the 3- or 5- year medical service requirement. I Have a 3 Year Degree in Computer Science (or related) and a 2 Year Masters Degree in Computer Science (or related). P.O. For example, a physicians practice would be considered of national importance if he or she agrees to work in an underserved area to help improve the quality of life of U.S. residents. thank you very much for your feedback and being our valued customer. When balancing all the factors, it would be in the national interest of the U.S. to grant you a waiver of the normal job and labor certification requirements. Our secret tool is our attorney's strong background in the biological sciences, which enables her to interpret an applicant's scientific research due to her understanding of anatomy, molecular biology, physiology, microbiology, chemistry, and physics and craft an application that is compliant . Actually, it was the core part of our case. 5.0 19 reviews. We appreciate you! Hi Veronika, USCIS will give due consideration to entrepreneurs who establish that their entrepreneurial enterprise will serve the national interest to a substantially greater degree than the work of others in the same field.Some of the evidence you may submit to demonstrate that the proposed impact of your work is national in scope includes: 1) Published articles or media reports; 2) Copies of contracts, agreements, or licenses showing the scope and impact; 3) Letters from current and former employers discussing your work and its national importance; 4) Letters from experts in the field attesting to your work and its national importance; and 5) Testimonial letters should include information about the experts own credentials. window.__mirage2 = {petok:"WV8iXM4KOtWlZKcwE942I.Y5YugMRZrfVcGmUwbdQMc-1800-0"}; DOL still didnt renewed the form and didnt confirm yet if the expired ETA 9089 should be used. Official USCIS instructions say that unless specifically required, a legible photocopy may be submitted, originals will not automatically be returned. Adjustment of Status (Green Card) & Section 245(i), Conditional Residence with Petition to Remove Conditions (Form I-751), Deferred Action For Childhood Arrivals (DACA), Visas for Canadian and Mexican Professionals (TN). Both professionals with advanced degrees and exceptional ability can seek a waiver of the job offer requirement as well as a waiver of the labor certification requirement. 1.I am a PhD student in Immunology. Who is subject to the J-1 Two-Year Home-Country Physical Presence Requirement? Other comparable evidence of eligibility is also acceptable. Data collection and cookies. Attorney services are . Here the case, where the person actually rejected the RFE from USCIS to submit the ETA-750 or 9089 the second time, because it was not in the instructions of I-140. You need to contact a lawyer for advice on specific legal issues problems. How much percentage would be approved? The client was initially declined for EB-1A, which made out NIW application difficult. We saw the letters and use the arguments from it to support our case. The key to our success is the way in which we present supporting evidence and provide the highest quality petition letters. The office is interested in the contracted agreement between a prospective employer and the foreign national applicant to ensure that the same compensation and favorable working conditions deemed for U.S. workers are given to the applicant. No. The Immigration Law Firm uses this information to improve this website and the Immigration Law Firms marketing efforts. Google this keyword and you will see several attorney firms who can evaluate your case for free. Im replying to my RFE and would like to confirm if in response to the RFE the letter should be address as follow? In its decisions, USCIS has approved national interest cases where the foreign nationals work accomplished the following: Anyone performing scientific research already meets two of the three criteria: the substantial intrinsic merit and nationwide impact requirements are met by virtue of the fact that research mostly always impacts healthcare, which has a national impact. I Want to Apply for EB-2 Under the Advanced Degree Category. Will I Qualify for a National Interest Waiver? Information such as your name or email address generally is not collected via these cookies and other tracking technology; if you previously provided such personally identifiable information through this website, however, cookies may be tied to such information. I-750 B form says on its right top corner that it expired on 6-30-2017. The following guidelines will help you in getting approval for your NIW petition: Though there is no law compelling you to hire an attorney for your immigration, however, judging by the increasing denial rate of employment-based green card applications recently, it is always best to be guided by a professional. To obtain an NIW Green Card, you must file, and receive approval of, an I-140 Immigrant Petition and an I-485 Adjustment of Status Application. Dawn is not only knowledgeable about complex cases, but she shows compassion towards her clients by giving them moral support and encouragement. If other conditions are equal, have 2 seen researchers with few papers getting approval for NIW? The attorneys of Ellis Porter's High-Skilled Immigration Team will be able to help you choose the best application filing strategy for your specific situation. After meeting her, we felt so relieved and decided to work with her. If you need legal service you should find some attorney. //]]>. Perfect attorney for any case. Again, here at Legacy Immigration, we believe that a large pool of applicants qualifies for the national interest waiver. thank you for your feedback, we really appreciate it ! I Now Want to Change Employers. We didnt have to send anything to Department of Labor. USCIS rationalizes that artists, by virtue of their career, travel to perform. The regulations require those seeking classification as professionals with advanced degrees to have a degree above a bachelors, or, a bachelors degree plus five years of progressive post-baccalaureate work experience in a profession. For nationals of India, the backlog is shorter than the EB-3 backlog. . We recently had an EB-2 NIW success story where we helped a senior medical physicist with multiple degrees and certifications and ultimately received approval for an EB-2 green card via a National Interest Waiver (NIW). National Interest Waiver Lawyer - EB2 NIW Attorneys EB-2 National Interest Waiver (NIW) What Is the EB-2 National Interest Waiver (NIW)? In order to qualify for EB-2 NIW, a foreign national must demonstrate that he/she has exceptional ability and his/her employment in the United States will greatly benefit the nation. 248.519.9900 NIW Green Cards Ellis Porter / High-Skilled Immigration (HSI) Home / High-Skilled Immigration Services / NIW Green Cards EB-2 National Interest Waiver (NIW) Green Cards Not sure if you qualify for an NIW Green Card? After passing the General EB-2 Eligibility Test,you must also satisfy all 3 elements of the National Interest Waiver test, which are: Your proposed work has both substantial merit and national importance; You are well-positioned to advance your proposed work; and. There is an unresolved disagreement between USCIS and the Department of Labor over how many years of work experience equal a masters degree. EB2 National Interest Waiver. I was wondering since this post is from 2013, are there any changes in the required forms? Documents from government can easily demonstrate first two NIW criteria. We also consulted with experts what we need to confirm, what is important to highlight etc. Partners and features that collect information. Since regulations do not define national interest, our focus is to prove that the foreign nationals past record justifies projections of future benefits to the national interest, which is what U.S. You must prove that the national interest would be affected if you are subjected to the labor certification application process. Copyright North America Immigration Law Group, All Rights Reserved. We have obtained almost 32,000 NIW/EB1A (EB1EA)/EB1B (EB1OR) petitions approvals, which makes us one of immigration law firms with the highest number of approvals in these three categories. http://www.uscis.gov/sites/default/files/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Advanced%20Degrees%20or%20Aliens%20of%20Exceptional%20Ability/Decisions_Issued_in_2014/JAN232014_02B5203.pdf, http://www.uscis.gov/sites/default/files/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Advanced%20Degrees%20or%20Aliens%20of%20Exceptional%20Ability/Decisions_Issued_in_2013/DEC052013_10B5203.pdf, NIW Case: Engineer in Automotive Industry, EB-2 National Interest Waiver requirements, passport showing biometric data page and expiration date, J-1 Visa waiver if applicant was on J-1 status. (approved I140) through my employer but am also exploring a self petitioned EB2 NIW application in parallel. Undergraduate completed in my home town. I was amazed at how many great reviews and success stories she had. To: This second prong is to determine whether you are well-positioned to advance the endeavor. I am referring your blog for my I-140 NIW application.
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eb2 niw attorney near me
