I would NOT do a NIW without a lawyer (my personal opinion!). Yes, you could do it (it is not mandatory), but in fact it is very hard and you must spend a lot of time to prepare your petition yourself. I would do NIW myself only if I would feel very confident about myself - but I am not a Nober prize winner, nothing like that...
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Jan 07, 2022 · The EB – 2 with national interest is an immigration-based visa granted to foreign nationals who wish to seek permanent residency in the United States of America. Under these visa rules, the requirement of foreign nationals to have permanent employment in the United States is waived off. This is only done if the petitioner’s presence in the ...
Generally, it is more difficult to obtain immigration benefit under EB2 NIW (National Interest Waiver) than the ordinary EB2 because of the additional requirements for "national interest". However, we at North America Immigration Law Group have successfully helped more than 10,000 clients obtain EB2 NIW (National Interest Waiver) approval, with the overall approval …
I am trying to put together an NIW petition by myself, but am being told repeatedly that (a) I am doomed to get an RFE this way and have to go to an attorney so. Over 1M Users on Trackitt . Login Signup. Over 1M Trackitt Users ... EB2-NIW without an attorney? Like this thread 0 0.
National Interest Waiver Lawyer. The United States employment-based green card application can be very difficult due to the lengthy process required of both the foreign applicants and U.S. prospective employers. It involves typically three stages, which are: the job offer, labor certifications, and permanent resident petition.
Yes, you could do it (it is not mandatory), but in fact it is very hard and you must spend a lot of time to prepare your petition yourself. I would do NIW myself only if I would feel very confident about myself - but I am not a Nober prize winner, nothing like that...Nov 21, 2004
NIWs are usually granted to those who have exceptional ability (details provided later in the guide) and whose employment in the United States would greatly benefit the U.S. nation. The EB-2 NIW applicants can also self-petition, which means they do not need an employer to sponsor them.
Generally, it is more difficult to obtain immigration benefit under EB2 NIW (National Interest Waiver) than the ordinary EB2 because of the additional requirements for "national interest".
EB-2 NIW Processing Times For Form I-140, the processing time can take anywhere from 10.5 to 26.5 months, depending on where the applicant is filing from.
If you are not from China or India, you will almost never file in the EB-1A category, and to win your NIW case, you should aim for at least 75 citations.Jul 13, 2020
After your NIW case is approved, and USCIS has mailed you or your attorney an approval notice, the final step is securing your green card. If an immigrant visa number is available and you have not yet applied for an adjustment of status, this is the time you'll need to do so.
The EB-2 NIW (National Interest Waiver) visa serves exactly these professionals with outstanding experience and academic background as a pilot. This is a visa that grants the right to legal and permanent residence in the USA through a Green Card.
Overview. A National Interest Waiver (NIW) petition falls into the employment-based immigration, second preference (EB-2) category, also known as EB-2 NIW. Normally, a permanent job offer and an approved labor certification are pre-requisites to file an employment-based, second preference immigration petition.
What is the EB-2 with National Interest Waiver? An EB2-NIW is an immigrant visa that grants a foreign national lawful permanent residency without the requirement of an employment offer.
between 3 to 9 monthsThe NIW green card processing time is typically between 3 to 9 months. Though, this time greatly depends on the assigned USCIS Service Center and the adjudicating officer.
Currently, applicants who submit an NIW will receive a receipt of their I-140 in 2-3 weeks. That is the most current estimate even with Covid-19. From that point, processing times vary from 5 to 17 months until the USCIS makes a decision. You'll receive an approval notice in the mail or via the USCIS online portal.
Before October 1, 2022, the start of the new government fiscal year, premium processing should be available for EB-1C and NIW I-140 petitions; for I-539 applications requesting a change of status to F-1, F-2, J-1, J-2, M-1, or M-2 nonimmigrant status; and for I-765 applications for students applying for Optional ...Mar 30, 2022
The other group in the second employment-based preference includes foreign nationals with exceptional ability in the sciences, arts, or business. Athletes may be considered aliens of exceptional abilities in the arts for purposes of qualifying in the second employment-based preference.
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. Other comparable evidence of eligibility is also acceptable.
The law does not restrict the time you can file your EB2 NIW petition after the denial of your previous filing. A previously denied petition does not bar you from submitting another petition subsequently, regardless which classification is concerned. However, unless your circumstances have improved, it is not advisable to simply submit a similar petition again.
A letter of recommendation is also called reference letter, and it is a letter written by an expert in the foreign national's field or some otherwise authoritative individual in an allied or related field. Recommendation letters are essential in petition for employment-based immigration benefits.
The F-1 or J-1 visa is a non-immigrant visa that does not allow immigrant intent, but it does not mean that a F-1 or J-1 visa holder is not allowed to apply for the Green Card. Although an F-1 or J-1 visa holder cannot have immigrant intent when applying for the nonimmigrant visa, he/she may change his/her intent after receiving the nonimmigrant visa.
Yes, there is no specific requirement that you need to have published articles in order to apply or obtain approval of an EB2 NIW petition, although in many instances publications would help improve chances of approval because they help to establish the original contribution and authorship. One can still support the petition by providing evidence that satisfies the prongs listed by the law. For example, if an entrepreneur can establish that his/her proposed endeavor has a potential to create a significant impact on U.S. economy, such as by developing top-notch technology, the foreign national may still qualify under EB2-NIW.
Yes. The USCIS has indicated that it will consider comparable evidence that is appropriate to the foreign national's application in the event the foreign national cannot provide the type of evidence listed above.
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. If your request is denied by the USCIS, you may be able to appeal the decision.
The required evidence depends on the specific field of your proposed endeavor along with your academic qualification, job experience, and biographic data. Some of the general required items for the NIW process include: 1 Copies of a completed ETA 750 form 2 A completed I-140 3 A copy of your passport 4 Proof of your current non-resident status in the U.S. if applicable 5 A copy of your most recent I-94 (front and back) 6 Recommendation letters 7 A copy of your highest academic qualification with records or transcripts 8 A copy of your resume 9 Evidence of peer review 10 Evidence of citation record of your work 11 Professional journal in which your work (s) has been published 12 NIW petition letter
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 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.
For you to be considered for an NIW, the first criterion is proof that your proposed endeavor in business, entrepreneurship, technology, science, culture, education, or health is of substantial merit and national interest.
This second prong is to determine whether you are well-positioned to advance the endeavor . The USCIS decision on this will be based on your skills, education, experience, and past achievements in the proposed area of specialization. It will also look at a plan for future activities, progress towards realizing the proposed endeavor, and the interest of those who will benefit from the endeavor such as potential users, customers, investors, as well as other individuals or entities.
Also as an entrepreneur, a well-detailed business plan that emphasizes the number of U.S. workers your business will employ, the proposed social responsibility of your business, and every other key feature of the investment will be helpful in this regard.
A Physician NIW is a variation of the NIW available to certain medical professionals. Under a Physician NIW, a qualifying alien physician commits to working for five years in clinical practice in an underserved area or in a Veterans Affairs (VA) facility.
Once your I-140 petition is approved, your immigrant spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.
You will have to work full-time in a clinical practice, for at least a period of service of 5 years. You must work in a primary care, like as a general practitioner, family practice petitioner, general internist, pediatrician, obstetrician/gynecologist, or psychiatrist, or be a specialty physician.
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability. Letters documenting at least 10 years of full-time experience in your occupation.
We have successfully applied for US green card under category EB-2 National Interest Waiver (NIW). We would like to share all useful information which we have learned when going through this process and help other people to prepare their self petition even without a lawyer.
Eligibility for National Interest Waiver (NIW) category is given by satisfying ONE of two statutory requirements:
Except minimum requirements mentioned above, EB2 NIW applicants must provide evidence that it is in national interest to grant them Permanent Residency in USA. According to precedent DHANASAR case, petitioner must satisfy all 3 criteria:
NIW green card application process requires filing forms in two stages: