how to find my lawyer for niw application

Our team has experienced immigration attorneys that will guide you throughout the application for an NIW green card. Waste no time and money with uncertainty. Call Jurado & Farshchian, P.L. today at (305) 921-0440 or email us at Romy@jflawfirm.com to schedule a consultation.

Full Answer

Do I need a lawyer for my NIW application?

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 the best to be guided by a professional. Having legal counsel for the NIW process will save you time, money, and help prevent denial.

How to get approved for NIW?

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 the best to be guided by a professional.

How should I approach my NIW case?

Each NIW case is unique, and each NIW case should be approached with a fresh mindset. The old adage, “quality over quantity” applies in NIW cases; USCIS looks favorably on quality rather than quantity. Genesis Law Firm will advise you on which evidence will be seen as “quality” in the eyes of USCIS.

How much does it cost to file an NIW?

The attorney’s fees for an NIW petition are a flat fee of $3,900, which can be paid in either four or nine installments. We understand that you have other financial demands, so we allow these flexible no-interest attorney fee payment plans to be paid by credit card, with no additional processing fees.

Can I apply for NIW without attorney?

A foreign national can file their own EB-2 NIW petition and file the I-140 form on their own behalf, without the involvement of either an employer or a labor certification.

How long does it take to get NIW approved?

between 3 and 9 monthsYou can generally expect NIW processing time for the USCIS to adjudicate applications to take anywhere between 3 and 9 months. Although there is always the possibility that it could take longer if you are issued a Request for Evidence (RFE).

How many citation is good for NIW?

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.

Can I apply for NIW without citation?

The Office of Administrative Appeals (AAO) has granted many applicants' NIW petitions without citations. In lieu of citations, and articles, USCIS will accept evidence of your influence in the field including media reports of your work, awards, and requests for your technical advice or reprints of your work.

Can NIW be denied?

If your EB-2 NIW is denied, your Employment Authorization will be canceled. You will get a letter from USCIS telling you the basis for the denial, your options, and that you have about 30 days to leave the country. You can avoid this possibility by only applying for the EB-2 NIW petition without adjustment of status.

Is there an interview for NIW green card?

Adjustment of Status Typically Requires an Interview During the interview, a USCIS officer will ask you various questions to assess your case. Following a successful interview, you will then get your green card. That has been the process for many years.

How much does NIW cost?

Frequently Asked NIW Questions. How much will it cost to file an NIW petition? The attorney's fees for an NIW petition are a flat fee of $3,900, which can be paid in either four or nine installments.

How many publications EB2 NIW?

Summary of qualifications: 9 papers in U.S. journals including 6 as first author; conference papers and presentations; 7 support letters, 4 more with RFE including 2 from government agencies. Education: Ph.

How many citations do you need for EB2 NIW?

20 or 30 citations should be sufficient.

Is it hard to get EB2 NIW?

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".

Can employers file EB2 NIW?

A foreign national may file their EB2 NIW petition, or an employer can petition for the foreign national.

Is premium processing available for NIW?

Beginning July 1, 2022, USCIS will accept Form I-907 premium processing upgrade requests for: EB-1C multinational executive and manager petitions received on or before March 1, 2021; and. EB-2 NIW petitions received on or before June 1, 2021.

How Can an NIW Lawyer Help You?

Highly-qualified foreign nationals who hold an advanced degree have several possibilities to pursue a green card in the U.S. One of these possibilities is the EB-2 NIW or the employment-based second preference visa category with a National Interest Waiver.

What Are the NIW Requirements?

When a foreign national is trying to get an EB-2 visa, the first step is following the Labor Certification Process or Program Electronic Review Management (PERM). This requirement comes from the U.S.

Understanding the NIW Application Process and Requirements

If you would like to be considered for NIW employment-based immigration, first you have to prove that your proposed endeavor would benefit the U.S. as a whole. Although your entrepreneurship will be at a particular location, it has to be beneficial on a national level. But, the applicants are not limited by the USCIS to certain fields.

Supporting Evidence for an NIW Immigration Petition

Retaining an experienced immigration lawyer to help you with your NIW process will save you time and money, as well as help make sure your documents are in order.

Retaining the NIW Attorney Can Be Crucial for Success

There are a number of essential distinctions between conventional EB-2 cases and EB-2 NIW cases. For instance, in an EB-2 case, a company needs to be the petitioner, and the foreign national the beneficiary of the application.

EB-2 NIW Waiver Processing Time

The EB-2 NIW green card processing time can vary since USCIS evaluates every application on a case-by-case basis. However, the usual processing time is between three and nine months. In addition, premium processing is not available for a petition filed with National Interest Waiver.

What are the factors that must be considered in a NIW application?

After the NYSDOT case was handed down from the Administrative Appeals Office (“AAO”) in 1998, there are now three basic factors that must be considered in a NIW application: Area of Substantial Intrinsic Merit; Proposed Benefit of National Scope; and. Proposed Benefit of National Interest. Substantial Intrinsic Merit.

What is a national interest waiver?

The National Interest Waiver (“NIW”) is a method to obtain lawful permanent resident (“LPR”) status in the United States. The NIW falls within the EB-2 immigrant visa category. Generally, an EB-2 immigrant visa requires a specific job offer and labor certification. The NIW enables the applicant to forego the Labor Certification and the offer of employment by establishing that his or her admission to LPR status is in the “national interest.”

What are the eligibility criteria for a job?

This eligibility criteria includes: (1) having an “advanced degree” or “exceptional ability” in the sciences, arts or business; (2) demonstrating that the applicant seeks employment in an area of substantial intrinsic merit to the U.S.; and (3) showing that the applicant’s proposed activity will be national in scope.

Where should a letter of recommendation be filed?

Letters of recommendation should be addressed directly to the Director of USCIS and be filed in the appropriate USCIS center (based upon where the applicant resides).

Step 1

NIW (National Interest Waiver) case is a complex process that requires patience and care; please do not rush. The first thing you should think of is letters of recommendation providers. You need at least 6 persons to give you a recommendation; please start thinking about them even before contacting law firms.

Step 2

After an attorney-client relationship, if formed, you will have access to a client packet right way. In the packet, you will receive more information about our services and what the process ahead looks like, and exactly how we propose to move you towards your goals.

Step 3

To begin your NIW case, we will ask you to provide two documents; our questionnaire found in the client packet and a list of potential recommenders. In your client packet, you will find a detailed questionnaire in which we ask you to provide information about your work and accomplishments.

Step 4

Selecting recommenders: We will ask you to provide us a list of potential recommenders before you begin contracting them. You will need to provide necessary information about the recommenders, including their current position, their relation to you, and what part of your work they can talk about.

Step 5

Petition letter: Once all of the recommendation letters have been finalized and signed, we can draft the petition letter. We can analyze your credentials and contributions in the context of your work in accordance with our winning strategy.

Step 6

Preparing Documentation: You will receive a document list in your client packet at the beginning of the process. This will allow you to begin gathering your evidence the right way. After the petition letter is finalized, we will ask you to send us all of your documentary evidence, and we will then compile your NIW package for you.

Step 7

Filling Your Case: Once the petition letter is finalized, and we have received all your documentary evidence, we will compile your NIW package and file your case. Whether we are e-filling or paper filling your case, we will file your case within 3 business days as specified on our contract.

Where Should you Send your EB-2 NIW (National Interest Waiver) Petition Package

You may find the detailed mailing instructions on the USCIS webpage here.

How Should You Complete the Form I-140 and Correctly Answer all the Questions on the Form

I-140 Form is used for Immigrant Petition for Alien Workers. People filing under the categories of EB-1 Alien of Extraordinary Ability, EB-1B Outstanding Researcher/Professor and EB-2 NIW (National Interest Waiver) need to fill out the form and file the case to the USCIS with the supporting evidence.

How To Organize Exhibits for an I-140 Petition Filed Under EB-2 NIW

In preparing the package of supporting materials for your I-140 petition, the following are general instructions:

How long does it take for a NIW to be approved?

Letters can be sent as signed PDFs to save time. After the petition is submitted, it usually takes six to eight months for the NIW to be approved although processing times vary depending on backlogs at USCIS and the Service Center where the petition is being processed.

How long to wait to file NIW?

You can wait to file the NIW (and possibly AOS) petition until after OPT is approved. You should speak to your university to find out its policies about OPT and STEM extensions. You can wait to file the NIW (and possibly AOS) petition until after STEM extension is approved.

How long does it take to get a green card after a NIW?

If you are very well qualified, you can file both your NIW and AOS prior to obtaining OPT and obtain a temporary employment authorization and advance parole (travel) document within 3-4 months of filing your adjustment of status and then receive your green card in 6-9 months.

Can a NIW petition be outsourced?

When hiring an attorney to handle your case, you should insist that your case will not be outsourced. Your NIW petition and letters of recommendation will not be drafted overseas. Your research will not be sent to a foreign country which is potentially a serious violation of Federal Law.