1.I am a PhD student in Immunology. Your email address will not be published. Helping to preserve this countrys legacy as a land of opportunity and freedom. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB-2 NIW ( National Interest Waiver ), EB-1A (Alien of Extraordinary Ability), EB-1B (Outstanding Researcher/Professor), and O1 visa (Alien of Extraordinary Ability Visa). 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. Find the best ones near you. Lawyer for EB2-NIW. In the same vein, the PERM protects the jobs of U.S. workers by ensuring that an aliens proposed employment will not adversely affect the interest of the U.S. workers. SOC code, prevailing wage information etc. Having legal counsel for the NIW process will save you time, money, and help prevent denial. Anyone who is interested in a precise and comprehensive evaluation of their chance of obtaining U.S. permanent residency through employment-based petition ( EB-2, NIW, EB1-A, EB1-B ), I am a PhD student in Immunology. Hi Veronika, USCIS rationalizes that artists, by virtue of their career, travel to perform. I Meet the Requirements for Advanced Degree (or Exceptional Ability). 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. To get in touch with our office, you can schedule a consultation with us today by filling out this contact form. P visa is available for athletes, artists, and entertainers who seek to work in the U.S. on a temporary basis. Second, the EA classification is limited by USCIS regulations to those working in the sciences, arts, or business.. Applicants whose employment would be in the national interest of the U.S. may apply for a national interest waiver (NIW) as a part of their EB-2 petition. Can I still use this I-750 Bform in stead of I-9089? You might be interested in our NIW DIY Kit which inherits complete documentation as we sent it to USCIS. In-person consultations are available Monday through Friday from 8:00 am to 8:00 pm and Saturdays from 8:00 am to 5:00 pm. Here is a post showing how our petition was organized. No, we received an approval for an applicant who did not have a single publication (and therefore did not have any citations to any work), was not a member of professional association, did not have any speaking engagements or conference presentations (or had his work presented), did not have any patents, did not have articles written about him in major publications or media coverage, did not conduct any peer reviews, and had never received any awards (or grants). Please share and guide. 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. 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. I have a quick question concerning I140 form. US Citizenship and Immigration Services Contact our office today. Remember, I am not a lawyer and I am not allowed to tell you what to do in your particular case. Is it considered as of Schedule A, Group I or Group II? One of the few EB2 NIW attorneys in the USA who is also a MENSA member and has an M.A. If you submit your name or contact information, the Firm may use it to send you information about the Firms services. and our If you have questions about an EB2 NIW petition, EB2 NIW requirements, and/or I-140 NIW processing times, contact Lally Immigration Services, LLC to speak with our NIW lawyer, Dayna Lally. Do I Qualify for a National Interest Waiver? In 1999, Congress created a special statutory national interest waiver specifically for clinical physicians. Can a JD file self-petition under EB2-NIW to start a law firm and work for him/herself? By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. I recommend to take a pencil and pen and starting to write notes, whatever you think might show that you satisfy these criteria. But you are right that it is probably safer to use newer form as they suggested. What Do I Need to Qualify? You must prove that the national interest would be affected if you are subjected to the labor certification application process. While other petitioners and attorneys may still use templates to draft recommendation letters or petition letters, our clients' recommendation letters and petition letters are tailored to their individual credentials to best persuade a USCIS officer that our clients meet the requirements of the category they are applying under and therefore their petitions deserve to be approved. If they say NO to you it doesnt mean you dont have a chance. But all forms, including ETA-9089 are part of our DIY kit it is shown how to fill all the forms there. What is the new equivalent form for ETA-9089, since ETA-9089 expired in November 2017. The core is petition letter where you need to explain how you satisfy all 3 NIW requirements. (818) 740-5185 Message. Message Get Directions. 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. 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. [CDATA[ by Alison McGill on September 2, 2022 Contents [ hide] 1 NIW Attorneys - EB2 National Interest Waiver Lawyers 1.1 NIW - National Interest Waiver - PhD Green Card 1.2 Applying for a Green Card Using an EB2-NIW Visa 1.3 Houston Second Preference EB-2 Immigration Attorneys NIW Attorneys - EB2 National Interest Waiver Lawyers Check it out here please. We thank God letting us find Dawn. I left the US since September last year on expiration of my OPT and unsuccessful H1b lottery. 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. The order of documents was from the most important to less. The Firms website marketing partners or features that collect data as described above may include, among others, Google Analytics, other analytics programs, and Google AdWords remarketing service. Exclusive Focus on EB-2 NIW, EB-1A, and EB-1B Categories. Must show exceptional ability in the arts, sciences, or business. I-485 Filing Fee for Principal Applicant: $1,225, I-485 Filing Fee for Dependent Spouse and/or Child over age 14: $1,225 each, I-485 Filing Fee for Dependent Child under age 14: $750 each, I-485 Attorney Fee: $2,250 (add $1,750 for each dependent spouse/child). I am having a hard time to find someone! If other conditions are equal, have 2 seen researchers with few papers getting approval for NIW? EB2 National Interest Waiver. If granted, you will be able to bypass the DOL process and may also self-petition for your EB-2 without being sponsored by a U.S. employer. Green card for PhD, self petition, NIW requirements, NIW DIY package. Official academic record showing that you have learning relating to your area of exceptional ability, Letters that show at least 10 years of full-time experience in your occupation, A license to practice your profession or certification for your profession or occupation, Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability, Membership in a professional association(s), Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations. I believe I should hire some USA based attorney. Diener Law, San Diego EB-2 Exceptional Ability Visa Lawyer. If that attorney does not have expertise in EB2/NIW legal representation, or of there may be other reasons you do not wish to . Information you send to the Firm through this website. 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). Data collection and cookies. 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. The process was repurposed by the Administrative Appeals Office (AAO) decision in the Matter of Dhanasar, 2016. you are holder of advanced degree so one statutory requirement is satisfied. I just guess that National Interest Waiver category is under EB2 and it is required to fill it in this category. Not only do we apply this insight into our approaches to our clients' cases, but we also take the time and energy to carefully review all RFEs (Requests for Evidence), NOIDs (Notices of Intent to Deny), approvals, and denials issued on our cases so that we can further increase our understanding of USCIS strategies and decision-making processes so that we can advise our clients on the best ways to proceed with their petitions. 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. 5.0 19 reviews. Since level 8 is above level 7, the minimum requirement, the employer would have to prove business necessity to require a BS+5. Sorry for confusing answer. The reason why everybody is filling the old form ETA-750B is that it is much shorter. it depends on your situation, where do you live etc. After meeting her, we felt so relieved and decided to work with her. Dawn is not only knowledgeable about complex cases, but she shows compassion towards her clients by giving them moral support and encouragement. How do you know that the ETA-750B still can be used instead of ETA-9089 form? But if you want to be 100 percent sure, you might consider filling newer form ETA-9089. here I found the case from March 2017 (appeal dismissed). Posted by Ayo | June 21, 2023. She performed in the symphonys orchestra and traveled nationally and internationally. You will need to convince the USCIS that your employment or entrepreneurship, though it may be within a particular location, will eventually be beneficial on a national scale either directly or indirectly.
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