All rights reserved. We are a premier corporate, immigration and litigation law firm serving immigrant entrepreneurs and investors from around the world. Prove Substantial intrinsic merit. Must be alien requesting that the Labor Certification be waived because it is in the interest and would greatly benefit the U.S. I Received My I-140 With My Current Employer. You must prove that the national interest would be affected if you are subjected to the labor certification application process. I Am a Clinical Physician. Attorney fees would adjust to $1,750 (principal) and $1,000 (each dependent) if retained Ellis Porter for an I-140. Advanced Degree applicants must have an offer of employment and must be granted a labor certification unless requesting a waiver of the labor certification by showing that the applicants admission is in the national interest. For EB-2s a job offer and a labor certification is generally required. EB2 NIW | National Interest Waiver Processing Time & Application David Allen | Attorney. Planning to apply under NIW. 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. No. These things seem very complicated. 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. 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. That's why we applied for NIW, thankfully it was a success. Can someone please refer a good immigration attorney who can file EB2 NIW for me at a reasonable rate from outside USA. it really depends how you would satisfy other 3 criteria of National Interest Waiver how strong arguments you would find for you particular case. To start with, an attorney will look at your qualifications, past achievements in your field, and the nature of your proposed endeavor and help you determine if getting an NIW is your best available option. 2000. Dawn is absolutely amazing! I think it is a bit strange that a labor certification is needed anyway for a NIW petition. Both the degrees completed in USA. Thanks for the detailed answer. We attribute much of our success to our amazing clients who work closely with us in providing the supporting documents that we request as well as working with us to prepare letters of recommendation. I would be interested in sample filled ETA 9098 form. Will I Qualify for a National Interest Waiver? You might want to subscribe to our newsletter (at the top, right column on this website) so you will get email notification about the post. The USCIS will look at your petition and consider whether its derivative benefits to the U.S. truly justify the requested waiver. Can I Do That? I think you would find helpful our DIY kit it is all there, answers to all your questions . 1.I am a PhD student in Immunology. U.S. Department of Homeland Security Your spouse and children (under age 21) will also be able to file I-485 Adjustment of Status Applications (once your EB-2 priority date is current)as part of your NIW Green Card application process, which will allow them to receive their own Green Cards. What should be my next step in order to . All rights reserved. I went through the blog, it clarifies my question. What Do I Need to Qualify? 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 going to submit I-140 for NIW. When I emailed Dawn for the first time, she said Its possible and she wanted meet us at her office. A place to discuss US and Worldwide immigration news, politics, visas, green cards, raids, deportations, etc. I will complete my doctoral degree in curriculum and instruction this summer. David Allen: EB1A, EB1B, EB2 National Interest Waiver (NIW) Green Card Computer professional, Corporate President/Business Owner, Investment Analyst, Musician, Non-medical Researcher, Medical Researcher, Sculling Coach, Director of Research and Development (R&D), Engineer, Medical Researcher, Neuroscientist, Postdoctoral Researcher, Postdoctoral Fellow, Research Associate, Rudder Design Engineer, Software Manager, Television Reporter, and Venture Capitalist. Thanks. Reddit, Inc. 2023. However, in a situation where the national interest is involved, this requirement can be waived. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. The required evidence depends on the specific field of your proposed endeavor along with your academic qualification, job experience, and biographic data. Our secret tool is our attorneys strong background in the biological sciences, which enables her to interpret an applicants scientific research due to her understanding of anatomy, molecular biology, physiology, microbiology, chemistry, and physics and craft an application that is compliant with the regulations. Please contact the Immigration Law Firm if you have questions about this privacy policy. Home Free Evaluation Free Evaluation Who will benefit from a free evaluation? Order EB-2 NIW book. Thank you. 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. Thanks. My dad received his green card two weeks after his physical exam without an interview. Thanks for the all the great information here. If a doctoral degree is required by the occupation, USCIS regulations provide that the foreign national must have a U.S. or foreign-equivalent degree. The process was repurposed by the Administrative Appeals Office (AAO) decision in the Matter of Dhanasar, 2016. Your privacy is important to Chan Law Firm, LLC (or the Immigration Law Firm). I wish I can give you any advice but I am not a lawyer, so it isnt allowed. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. window.__mirage2 = {petok:"WV8iXM4KOtWlZKcwE942I.Y5YugMRZrfVcGmUwbdQMc-1800-0"}; Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. . Also note that this is not complete list of all possible evidence for NIW case. 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. The key to our success is the way in which we present supporting evidence and provide the highest quality petition letters. I Want to Apply for the National Interest Waiver. They were really helpful. Frequently Asked Questions for EB2 NIW (National Interest Waiver) However, couple clients who bought our kit were entrepreneurs. Take EB-2 NIW quiz for initial screening. EB2 NIW (National Interest Waiver): Requirements, Processing Time Under the second prong of the NYSDOT test, you must demonstrate that the proposed benefit to be provided will be national in scope. If you submit your name or contact information, the Firm may use it to send you information about the Firms services. US Citizenship and Immigration Services Elections director of Arizona county quits, says she wasn't protected Right now I am in the OPT, and working as adjunct professor. 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). If you are an employee, you can prove your job to be of national importance by the potential, experience, qualifications, past achievements, and location of your job offer. Consult an Experienced Immigration Attorney, The First Prong: Substantial Merit and National Importance, The Second Prong: National in Scope Advance the Proposed Endeavor, The Third Prong: It is in the U.S. National Interest to Waive the Labor Certification, O-1 Visa Lawyers All You Need to Know in 2023, Proof of your current non-resident status in the U.S. if applicable, A copy of your most recent I-94 (front and back), A copy of your highest academic qualification with records or transcripts, Professional journal in which your work(s) has been published, How it will improve the working conditions of U.S. workers. Attn. P visa is available for athletes, artists, and entertainers who seek to work in the U.S. on a temporary basis. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. Please give us a call to discuss your case. Dawn took her time to listen to our story and explain every possible scenarios to us. Yes, it seems they continue to accept it. The core is petition letter where you need to explain how you satisfy all 3 NIW requirements. Came across a few online with 'Approved or Refund' claim too. or a Bachelors Degree (or academic equivalent) plus 5 years of progressive experience in the job offered or related experience.For a librarian, the requirement of a Masters degree would probably be acceptable since it equates to 4 years of SVP (level 7). What about other part? 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. Rather, you must wait for your EB-2 priority date to become current before you can file your I-485 Adjustment of Status Application. Thus, an EB-2 visa can only be granted provided that there are no qualified U.S. workers who are interested in the position. Here are some reasons why hiring an EB-2 NIW lawyer in 2023 is essential: // Hot 97 Playlist Yesterday, Assistant Principal 90 Day Entry Plan, Masuda, Funai Glassdoor, Oswego County Sheriff Arrests, Articles E