The other group in the second employment-based preference includes foreign nationals with exceptional ability in the sciences, arts, or business. It is an Employment-based 2nd preference category. Letters from experts in the field can demonstrate the interest of the U.S. government in the petitioners research. The most recent set of criteria are: It is important to note that, because doctors and physicians tend to automatically fulfill all three criteria, there is a different set of rules that must be fulfilled for those in that occupation. If the foreign national has only received a United States baccalaureate degree or a foreign equivalent degree, the experience of at least five years of progressive, post-baccalaureate experience in the specialty plus the Bachelors degree will be sufficient for the advanced degree requirement. However, there are ways to define the area of expertise to make the petitioner appear substantially above others in the field. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. You may also file. Youll receive an approval notice in the mail or via the USCIS online portal. Although the NIW requirements, as in the. Frequently Asked Questions of Form I-140(Immigrant Petition for Alien Some non-residents file two I-140 applications simultaneously in EB-1 and NIW. Submit evidence. If you receive the I-140 approval before the J-1 waiver, you must wait for the J-1 waiver before submitting the I-485 petition for status adjustment. The AAO (Administrative Appeal Office) held that three factors must be considered when evaluating a request for an EB2 NIW: In the precedent case Matter of Dhanasar, the AAO stated that an endeavors merit might be demonstrated in business, entrepreneurialism, science, technology, culture, health, or education. The English translation must be certified by a competent translator and must verify in writing that the translation is true and accurate to the best of the translators abilities. It is helpful if the English translation is stapled to the foreign language document. It is crucial to submit comprehensive documentation that clearly demonstrates the significance and impact of the applicants work. Wait for 2 to 3 weeks from USCIS for receipt of application. From the experience of several of their clients, choosing the correct evidence to convince the USCIS that your endeavor is in the national interest of the U.S. is extremely difficult without the help of a qualified attorney. Those who wish to go around the PERM requirement need to demonstrate that their work in the U.S. will be in the national interest. . Qualifications of the recommender: A recommendation letter needs to include the description of the recommender. See the Visa Bulletin for details. If documenting the foreign nationals publications or citations of the foreign nationals work, highlight the foreign nationals name in the relevant articles. Close All Open All Removing Conditions on Your Two-Year Green Card Replacing Your Card You must first get an employer willing to sponsor your visa for the other two categories. To continue working legitimately while the petition is pending, you may file Form I-765 for an employment authorization document together with your I-485. If you are in the United State and your visa number is current, meaning that no visa backlog for EB2 category for your country of birth, you may file adjustment of status (AOS) application along with your NIW petition. Yes, you do need to inform USCIS if you are in the United States on a non-immigrant visa. Frequently Asked Questions of I-485 Adjustment of Status Ivan had his NIW approved so that he could work as an architectural engineer in the U.S. Moving from one employer to another in the best of circumstances can be stressful. A complete patent record, accompanied with citation or commercialization evidence, is significantly helpful for demonstrating the utility of the foreign nationals work as being adopted by the industry. The requirements of NIW and EB-1A are different, and the preparation process is substantially different for these two applications. If your I-140 was filed after July 1, 2008, the priority date is not yet current (unless your spouse is not an Indian national and you can use cross-chargeability provisions). It is recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval. Not everyone who applies for an EB-2 green card is eligible for an NIW. An exhibit that is being provided to meet multiple eligibility criteria should be so identified in the exhibit list. In order to understand the ins and outs of the National Interest Waiver (NIW), we must first take a look at the reason for applying for one in the first place. For instance, an award given by the American Chemical Society would likely be nationally recognized because it is the largest professional organization for chemists in the U.S.Published Materials About the Foreign National The benefit of ones work to the U.S. can be shown by media coverage. USCIS uses a two-part evaluation method to determine whether the evidence submitted by an NIW petitioner establishes that the proposed endeavor will be national in scope and whether the national interest will be adversely affected if a Labor Certification were required. First, USCIS will evaluate the submitted evidence to decide which evidence meets the required regulatory criteria. Independent letters of recommendation (from those who have never worked or studied with you, collaborated with you, or advised your work) will carry much more weight with the USCIS than letters from dependent recommenders. Applicants for the National Interest Waiver (NIW) should know that they are applying for this waiver in the category of EB-2 Advanced Degree or Exceptional Ability. The most recent set of criteria are: You must show that your enterprise will have a positive impact on the U.S. economy, workforce, society, or infrastructure. Given that adjudicating officers are rarely experts in your field, one way to determine whether a foreign national qualifies for the standard set in the Matter of Dhanasar decision is by looking at the objective evidence submitted. My I-140 is Approved. Now What? - LinkedIn Petition Filing and Processing Procedures for Form I-140 - Home | USCIS What Happens After an O-1 Visa . These are things that should be included in a recommendation letter: The USCIS does not list a specific number of required reference letters, but there should generally be three to seven recommendation letters in an EB-2 petition. If the memberships are in the foreign nationals field of expertise and require outstanding achievements as the selective criteria, the memberships can improve the foreign nationals overall credentials. The aliens admission is requested by an interested U.S. government agency. The guides and information we provided is not a substitute for an attorney or law firm. We help you go through complicated applications with our expertise and experience and support you through the entire process. If this is the route that you wish to take, it is highly recommended that you work very closely alongside an immigration attorney to make sure that your case is waterproof. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. However, keep in mind that expert testimonials should bolster the argument that you meet the standard set by law. Has been awarded a foreign medical degree and has passed the National Board of Medical Examiners Examination (NBMEE) or an equivalent examination, such as the U.S. Medical Licensing Examination (USMLE), Steps 1, 2, and 3. proposed endeavor is of substantial merit and national importance, well-positioned to advance the proposed endeavor, a significant benefit for national interest.. As an entrepreneur, doctor, or self-practicing engineer, you may not have an employer that can acquire a PERM on your behalf. Temporary evidence is usually in the form of a stamp in the new resident's passport. As part of our service, we will draft all of the recommendation letters. For a foreign national who has an approved I-140, however, moving to a new employer - or even just a new position with the same company - can be absolutely nerve. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. Our firm will provide detailed advice concerning reference letters and assist you with the content, purpose, and format of reference letters. We have seen several cases of people who want to leave their current job to work in an entirely different field. To continue working legitimately while the petition is pending, you may file, Form I-765 for an employment authorization document. Also, you can prepare your case for I-140 and J-1 waiver simultaneously. That is the most current estimate even with Covid-19. Yes, you can still file the NIW application. To clarify further, an NIW is a waiver obtained via a foreigner who wants to have working authorization in the United States without a job offer. Discuss whether your occupation fits the criteria with your immigration attorney. If you can afford it, you can file as many petitions as you want. need to demonstrate that their work in the U.S. will be in the national interest. Whats the deal with EB2 retrogression? 2. Finally, the foreign national can self-petition the case for anEB2 NIW case.The petition needs to establish the foreign nationals qualifications under EB2 and demonstrate that the qualifications satisfy the National Interest Waiver requirements (three-prong test in the Matter of Dhanasar decision). Consular Processing | USCIS It also stands to reason that few physicians would be able to claim expertise in more than one specialized area of medicine. THIS is the Form I-485 processing time at USCIS [2023] You will then receive your green card after entering the United States. The first thing is to determine if your job is in the national interest. At this point, applicants can file an I-485 if they have already not done so and if they have a priority date. EB-2/NIW Process; EB-2 Visa; L1 Visas for Managers and Executives; . The law does not prohibit multiple filings, and in fact, this could increase your chances of approval. Once I-140 is approved, the path forward will vary depending on where the applicant is living. A non-resident visa holder does not have to change the visa type to a non-resident visa, such as an H or L visa which allows dual intent, before filing a green card application. The NIW application process involves preparing the necessary documentation, filing the NIW petition with U.S. There could be a number of reasons USCIS denied your National Interest Waiver request, including: The success of an NIW request relies heavily on providing strong supporting evidence to prove you meet the eligibility requirements. Funding from reputable institutions or government agencies such as U.S. Military, NIH, NASA, etc., is substantial evidence in showing the national importance of the foreign nationals work. Our firm assists individuals and institutions across the U.S. with their immigration needs. The NIW applicant first will need to pay $700 to file Form I-140. Tab and label the evidentiary exhibits at the bottom of the first page of each exhibit, and provide a list of the evidentiary exhibits and the eligibility criteria that each exhibit is submitted to establish for petitions supported by a substantial amount of documentation. as well as a new application for your NIW. Decide if you would like to hire an attorney for providing additional evidence to your case. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. You can still apply for an NIW even if you do not have any awards in your field. These two green cards allow you to do those: Is EB-2 NIW eligible for premium processing? The aliens admission will improve health care. If providing photocopies of documents, provide clear legible copies. Visit thePolicy Manual for Commentpage to comment on this update. You will send the recommendation letters to the references for their review and signature. While the I-485 may take several months or even years before a decision depending on your priority date, the I-765 can be processed within a few months allowing you to continue using it to work or even seek employment. Documentary evidence supports the petitioners statements and establishes the endeavors merit. Our law firm has established winning approaches to assist Ph.D. students in obtaining NIW benefits. In the event of an interview at a local CIS office, an attorney may accompany the applicant to the interview. The petition needs to establish the qualifications of the foreign national (an individual with advanced degree or exceptional ability). That the applicant is well-positioned, based on their credentials and experience, to carry out the proposed endeavor. After We Grant Your Green Card - Home | USCIS An I-140 petition may be denied without a request for proof when the required evidence described in the instructions and regulations is not initially provided. Since you mentioned that you are applying for adjustment of status, we assume you either do not need J1 waiver or already have one, and your priority dates are current. Filing Tips for Specific Visa Categories that Do Not Require a DOL-Approved Labor Certification. For more information, please see our The persons proposed endeavor has both substantial merit and nationalimportance; The person is well positioned to advance the proposed endeavor; and. For your reference, read the following steps that describe the NIW application process, from pre-filing to post-receipt of USCISs decision, to ensure effective processing of your application. The current processing time for NIW ranges from 6 months to one year depending on the particular USCIS Service Center that has jurisdiction, as well as the individual USCIS officer who processes the case. As soon as USCIS makes a final decision on your NIW case, well immediately inform you of the result. (2) EB2 Exceptional Ability If you do not meet either of the above two requirements, you can still satisfy the requirements of EB2 by demonstrating that you help EB2 Exceptional Ability. I filed my EB2-NIW in August 2021 and got it approved in September 2022. That means you can potentially buy a $200,000 home. In all green card cases (with the exception of the EB-1A), the first step is to acquire a PERM Labor Certification, which involves having your employer go through a recruiting process to make sure that no qualified U.S. workers are available for your position. A detailed description of the proposed endeavor and why it is of national importance. This article will explain what happens after USCIS approves an O-1 visa by focusing on how an individual can maintain his status, how he can extend his visa, how he can change his employer, and whether he can apply for a green card or not? This refers to the fact that it must be in the national interest to waive the labor certification for the applicant in order to be approved in this category. How to Apply for an EB-2 NIW Visa - Boundless NIW applicants should have the following documents attached to their application, which they should either upload via their USCIS account or attach to their package they mail to a USCIS lockbox, with the fee attached: 1. Our current H visas are valid for another year (after that, we can renew for two more years). Yes. Citizenship and Immigration Services (USCIS), and waiting for its decision. The answer is yes, you can apply for an NIW since there is no specific requirement that you have to have published articles to apply or obtain approval of an NIW petition. people with advanced degrees or exceptional ability in their field) to bypass the PERM Labor Certification requirement and self-petition for a green card without an employer. The foreign national is called the beneficiary. In addition, the petition needs to establish the qualifications of the foreign national (an individual with an advanced degree or exceptional ability). All foreign language documents must be submitted with a corresponding English translation. Such supporting documentation can include: After thorough prefiling review, well submit your completed petition package to the proper USCIS Service Center. While these letters are often the most glowing, they can carry less weight as they are possibly biased. Palo Alto, CA 94306 O-1 Visa Lawyers All You Need to Know in 2023, The employment is of substantial merit and national importance, The petitioner is capable and qualified to advance this endeavor, It is a benefit in national scope to the U.S. and meets the labor certification criteria in EB-2 category, Lack of clarity on fulfilling the requirements, Inappropriate filing of the petition or insufficient documentation. Recommendation letters are hard to write but effective letters will significantly increase your chance for a successful case. It is typically between 3 to 9 months. I-140 NIW approved. Do i need to apply for an EAD? - Sensors R&D You may also file Form I-131 together with your I-485 to get advance parole, which serves as your valid travel document while the I-485 is pending. , which includes advancing your proposed endeavor and that the proposed endeavor continues to be of national importance to the United States. If an unfavorable decision is made (your case is denied and/or you are ordered removed), you will receive a notice explaining why the decision in your case was unfavorable. U.S. Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. USCIS will send out official notifications regarding your case, so make sure your mailing address is correct and reachable. ), Publications, Awards, Certificates, Licenses, or other credentials, Pay stubs (USCIS will want to verify that in the applicants' respective profession, their salary was competitive), Any other evidence of records of success in the field of study. So please send us your resume to our attorney today at admin@greencardlink.com. That the foreign nationals proposed endeavor (in their field of study) has an important impact in the United States. If your presentation is too long and incoherent, the adjudicating officer may find it difficult to identify your merits and qualifications. There have been many qualified petitioners with outstanding achievements whose petitions were rejected because of poor presentation. While the I-485 may take several months or even years before a decision depending on your priority date, the I-765 can be processed within a few months allowing you to continue using it to work or even seek employment. This does not include airfare from a foreign country to the United States. A foreign medical degree may qualify as the equivalent of a U.S. M.D. The threefactors USCIS considersforanational interest waiverarewhether: Those seeking anational interest waivermay self-petitionusingForm I-140,ImmigrantPetition for Alien Worker. The foreign nationals inner circle includes those they have directly worked with, either academic or business. Job change after green card approval might happen with two groups of people: You're changing your position with your current employer. EB-1 Processing Time & Premium Processing - VisaNation: US Work Visa I have a bachelors degree and over five years of experience in the field. National Interest Waiver (NIW) | A Complete Guide | VISA2US Our attorney will assist you to prepare and file their cases as soon as possible. Yes, you may change employers after your NIW has been approved. Evidence to establish that the beneficiarys proposed endeavor has national importance consists of, but is not limited to, the following: An EB2 NIW petition needs to establish that the foreign national is well-positioned to advance the proposed endeavor, and she has a strong standing in her field. EB2-NIW (National Interest Waiver) EB1-A (Extraordinary Ability) EB1-B (Outstanding Researcher) EB1-C (Multinational Manager . An I-140 form, together with supporting evidence, is mailed to the appropriate service center. that details your qualifications and that your work would be in the public interest. No. You must be able to prove that you are able to develop your enterprise. If a beneficiary is qualified, the chance of success depends mainly on how the case is presented. On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. Letters of recommendation are also an excellent opportunity to demonstrate the implementation of ones work. This page was not helpful because the content: Immigration Relief in Emergencies or Unforeseen Circumstances, Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, Form I-140,ImmigrantPetition for Alien Worker, Volume 6, Part F, Chapter 5 of the Policy Manual. The list below includes the forms and documents needed: However, holding Advanced Degree or having exceptional ability is merely a minimum requirement for theemployment-based,second-preference, or EB-2, category and does not necessarily guarantee a successful NIW case. A foreign national may file their EB2 NIW petition, or an employer can petition for the foreign national. What Happens After NIW EB-2 Approval USA Immigration |The Credible You will receive notice from NVC within 2 months of approval, instructing you to submit civil documents and online application to initiate the Consular Processing process. The, PERM and NIW are two different cases, handled by different agencies. What is the most important factor in proving NIW eligibility? - Then current employer filed I-485 based on above approved 140, as it is in pending status, I have EAD issued. Citizenship and Immigration Services today announced updatedguidance on adjudicatingrequests forNational Interest Waiversregardingjob offer andlabor certification requirementsfor certain advanced degree professionals and individuals of exceptional ability. But you have to file a separate Form I-140 petition, with the required separate filing fee and supporting documentation for each requested visa category. If you are in the process of obtaining an NIW for your EB-2 green card, then changing your job may require that you file a new I-140 as well as a new application for your NIW. (b) you should demonstrate that you have the equivalent to an advanced degree, a baccalaureate degree, plus five years of progressive work experience in your field of expertise). If you are in your home country and your visa number is current at the time your NIW being approved, your case will be transfer to National Visa Center (NVC) for further processing. No, it is not mandatory to have a Ph.D. Our NIW Case Process and Timeline - USA Immigration Law Yes, USCIS began premium processing for EB-2 National Interest Waiver (NIW) I-140 petitions received on or before August 1, 2021. To get in touch with one of VisaNation Law Groups lawyers, you can. 3. Awards open to individuals at a particular institution, city, or state/ region/ province are not as influential. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Documentation such as email correspondence and acknowledgment in major trade publications or major media are good evidence. The two-year foreign residency requirement does not allow adjusting the status from J-1 to permanent residency, but it does not prevent the submission of an I-140 application. You will go through visa interview at you home country and come to the US with your immigrant visa. Dear Members, - I-140 was self sponsored and approved in Dec 2009, under EB2 - NIW category. TheNIW application process involves preparing the necessary documentation, filing the NIW petition withU.S. While other applications, such as the green card, have lengthy processing times that vary depending on consular processing, or domestic application status with the USCIS, or whether an individual is married to a U.S. citizen or LPR, the processing time for an NIW is pretty standard across the board. Additionally, journal impact factors and average citation records for the field can show that the alien has a degree of influence above the average researcher in the field. An attorney may be present if an interview is scheduled. No job offer or permanent job position is required. , state that a petitioners education background is one of the factors that can help determine if they are well-positioned to advance their proposed endeavor, it doesnt stipulate a Ph.D. as a requirement. Frequency Asked Question E-11, Person of Extraordinary Ability (Form I-140, . A detailed description of the proposed endeavor and why it is of substantial merit; and. Therefore, it is not sufficient to list the foreign nationals achievements. You will need to provide us with detailed evidence pertaining to the expertise and authority of the references, your connection to the references, the relationship between your research and theirs, etc. Individuals seeking anational interest waivermust show evidence of an advanced degree or exceptional abilityandmust also meetthreefactorsthat USCIS usesto determine, in its discretion, whetherit is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification. Avvo has 97% of all lawyers in the US. 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. On Sept. 9, 2022, DHS published the Public Charge Ground of Inadmissibility final . However, it is not advisable to simply submit a similar petition again unless your circumstances have improved. This will be an interactive process between clients and our attorneys. Frequently Asked Questions for EB-2 NIW (National Interest Waiver your chances of I-140 EB-1A or EB-2 NIW case approval should not be lower . The USCIS has never released information regarding the overall EB2 NIW approval rate. For most individuals, this does not affect immigrant visa availability. After EB2-NIW approval : r/USCIS - Reddit This is a very difficult situation as you will not only need to prove that your new enterprise is in the national interest, but you will also need to prove that you are qualified to advance the enterprise.