Your spouse and children under the age of 18 may be admitted to the United States. She was very efficient, detailed oriented and highly professional. The EB-1 and national interest waiver filings are some of the most complex types of immigration filings, and the USCIS adjudication trends are constantly changing. I Want to Apply for the National Interest Waiver. Both the degrees completed in USA. We provide here a list of documents which might be submitted in the first stage of green card application (I-140 Immigrant Petition for Alien Worker). For example, what if an employer listed as its minimal requirement: an M.S. We appreciate you! Read more here. Im replying to my RFE and would like to confirm if in response to the RFE the letter should be address as follow? The process was repurposed by the Administrative Appeals Office (AAO) decision in the Matter of Dhanasar, 2016. However, after the firm gathered the necessary evidence and convincingly argued the case, our clients employment immigration proceedings were a success. But the client wanted our Kit anyway and said it helped him save a lot of time, especially the prepared templates for letters and samples of the letters were the most valuable for him. This helped calm my nerves and I was able to go to the interview with confidence. It was such a quick process and Dawn is so thorough, knowledgeable and just a great person!! Employment Based - Murthy Law Firm If you need legal service you should find some attorney. The key to our success is the way in which we present supporting evidence and provide the highest quality petition letters. For example, if your NIW approval was based on your research of heart valves, then such biomedical research could be utilized by another private company, research institution, or government entity. of Columbia; Florida; Georgia; Hawaii; Idaho; Illinois; Indiana; . Please be sure to provide a timeline of events along with details of your entire immigration history. Dont hesitate to contact me directly (via contact form or by email) in case of any questions. Therefore, since the petitioner did not submit this required evidence, Form I -140 must be denied for this additional reason. Can You Name Some Professions that Were Approved for NIWs? So, when deciding whether to grant a waiver of the labor certification requirement, USCIS looks at all of the evidence to see whether the national benefits you offer are so great that they outweigh the national interests inherent in the labor certification process. Documents checklist for I-140 EB2 NIW petition - EB2 NIW - Green card Please enable JavaScript in your browser to complete this form. 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. Planning to apply under NIW. Information such as your name or email address generally is not collected via these cookies and other tracking technology; if you previously provided such personally identifiable information through this website, however, cookies may be tied to such information. Thus, an EB-2 visa can only be granted provided that there are no qualified U.S. workers who are interested in the position. State University of New York PostDoc It is pleasure that I can work with Chen Immigration and Attorneys for my I-140 EB1A application. After a lot of research, I came across Dawns firm which encompassed all of what I was looking for. The NIW process contains several aspects that must be fulfilled and a single mistake could lead to months or years of delays, not to mention outright denial. The purpose of the labor certification process is to protect the national interests of the United States by ensuring that the wages and working conditions of U.S. workers employed in the same field would not be adversely affected. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Self-petition I-140 EB2/NIW approved. What's next? - Avvo.com - Legal from your information we can apply directly with out attorney!! I was looking for an immigration attorney who came highly recommended by her clients as well as held accolades that showed they were one of the best in their field. Also note that NIW actually doesnt need labor certification we just filled ETA-750B form and added it into the whole I-140 package sent to USCIS. EB-2 National Interest Waiver Green Card Lawyer. You need to contact a lawyer for advice on specific legal issues problems. Under the second prong of the NYSDOT test, you must demonstrate that the proposed benefit to be provided will be national in scope. I left the US since September last year on expiration of my OPT and unsuccessful H1b lottery. As a result, NIW Green Card application processing times are significantly longer than EB-1A and EB-1B Green Card applications, which are eligible for premium processing. Although this area of immigration law is highly complex, it also has a high reward since EB-2 green card is very valuable. NIW means "National Interest Waiver," which is tagged if the government waives citizenship employment requirements. So the applicant would sign the I-140. The only drawback is that there is no way to premium process (obtain a decision within 15-calendar days) a national interest waiver case. If that attorney does not have expertise in EB2/NIW legal representation, or of there may be other reasons you do not wish to . Ellis Porter / High-Skilled Immigration (HSI), Home/High-Skilled Immigration Services/ NIW Green Cards. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Remarketing involves tracking devices that have visited this website in order to display ads for the Firms services on other websites. EB2_NIW - Reddit See Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Commr 1998) (NYSDOT). Filed Under: Green card application procedure, NIW Petition Tagged With: evidence, green card application, I-140, NIW petition. The fees can go up anytime as we informed here. North America Immigration Law Group - specialized in NIW (National I am going to submit I-140 for NIW. 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. A second benefit of the EB-2 category is that the legal burden to win a case is lower than the EB-1 standard. USCIS rationalizes that artists, by virtue of their career, travel to perform. How do you know that the ETA-750B still can be used instead of ETA-9089 form? Articles should show how important the field is. The rest is optional. E-3 visa is only available for workers from Australia who fall within the specialty occupation category. A national interest waiver (NIW) application includes Form I-140, ETA 750B, supporting documents, and endorsement letters from experts proving that the foreign nationals admission is worthy of a waiver. Schedule a consultation with our senior immigration lawyer to learn more about NIW and employment immigration options for your business. SOC code, prevailing wage information etc. Comparatively, I-750 B is much simpler. If you have an idea what is not in the list and you think it could be helpful for our readers, please write it in the comments below this post. U.S. permanent residence (commonly referred to as green card status) may be gained through a range of employment-based (EB) immigration options. Most likely, yes, since the second degree qualified you for the position. How to Find a Great EB-1 or National Interest Waiver Attorney Let me know if you have any questions. Many thanks in advance.I really appreciate it. Here at Legacy Immigration, one of our specialties is the EB-2 National Interest Waiver (NIW). Thank you. //]]>. hold masters degree in special education. Again, here at Legacy Immigration, we believe that a large pool of applicants qualifies for the national interest waiver. After meeting her, we felt so relieved and decided to work with her. Client Testimonials - WeGreened.Com Check it out here please. Hi, We had to go through Motion to reopen, motion to terminate and finally i485 application. Please call our office at 301-529-1912 , text us, submit a request for consultation form below. Other comparable evidence of eligibility is also acceptable. Hi, Rather, you must wait for your EB-2 priority date to become current before you can file your I-485 Adjustment of Status Application. I have a question, do I need to have photocopy certification of copied documents? Unlike my previous attorney, she responded promptly and explained the filing process to me to keep me informed and educated. 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. These three phases have distinctive requirements and the waiting can sometimes be exhausting for applicants. Posted by Ayo | June 21, 2023. With the responsibility of each case and our confidence of its success, we refund 100% of the attorney fee in the unlikelihood that the case is denied by the USCIS. Data collection and cookies. Throughout our long experience in working in U.S. immigration, we have helped clients from all over the U.S. securing their green cards, including individuals working a a number of prestigious U.S. universities: The University of Texas Health Science Center at Houston, The University of Texas M. D. Anderson Cancer Center, Indiana UniversityPurdue University at Indianapolis, University of Medicine and Dentistry New Jersey, University of Massachusetts Medical School Worcester, Pennsylvania State University University Park, The University of Texas Medical Branch at Galveston, Rutgers, The State University of New Jersey New Brunswick, University of Illinois at UrbanaChampaign, State University of New York at Stony Brook, The University of Texas Health Science Center at San Antonio, Massachusetts Institute of Technology (MIT), Virginia Polytechnic Institute and State University, The University of Texas Southwestern Medical Center at Dallas, University of North Carolina at Chapel Hill, The University of Connecticut Health Center, State University of New York Health Science Center at Brooklyn. 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). You might want to try free niw evaluation (google this keyword) there are lawyers who will tell you for free. You may opt out of receiving further information by contacting the Firm or, where applicable, by using an unsubscribe option included in communications from the Firm. 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. Official USCIS instructions say that unless specifically required, a legible photocopy may be submitted, originals will not automatically be returned. Your email address will not be published. These attorney fees are flat fees that covers all legal services provided in support of your NIW Green Card application. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Because the EB-3 professional green card only requires a foreign national to have a bachelor's degree to qualify for the immigration benefit, many EB-2 National Interest Waiver (NIW) candidates believe that they likely need a Ph.D., doctoral or professional degree. Jean Domanski - Lawyer in North Hollywood, CA - Avvo In the February 2013 denial notice, the director stated: the petitioner did not submit a properly completed Form ETA-750B (or ETA Form 9089, Parts J, K, and L). We would appreciate your help. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. EB-2 NIW Ostrom Law Office Immigration Attorney Any document containing a foreign language submitted to USCIS must be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translators certification that he or she is competent to translate from the foreign language into English. Should you do a change of status or consular processing for a F-1 to J-1? Here is a post showing how our petition was organized. If he write us back as he promised I plan to write some detailed post here at the blog to show how he prepared his case. We saw the letters and use the arguments from it to support our case. 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 Am a Clinical Physician. Texas Service Center Green Card Link Green Card Link (Aria Law Group) is the most qualified law office specialized in EB-2 NIW (National Interest Waiver), EB-1A (Alien of Extraordinary Ability), and EB-1B (Outstanding Researcher/Professor) categories. Privacy Policy. While your employment may be limited to a particular geographic area, you must establish a benefit to more than a particular region of the country. Thank You, I would like to understand if the earlier priority date from my employer sponsored petition can be ported to the NIW petition, if approved. Unlike with scientific researcher, USCIS greatly scrutinizes the national scope of artists, even those who travel to perform. The second employment-based preference (EB-2) allows foreign nationalist with either advanced degrees or foreign nationals of exceptional ability whose work is in the national interested to apply for permanent resident status. I have an MS in the USA in molecular biology and biotechnology. 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. Order EB-2 NIW book.
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