Disclaimer: Visa2us is not a law firm and is not affiliated with USCIS or any government agency. Job Change After Green Card Approval or I-140 Approval - VisaNation (H-4) on the basis that spouse's EB-2 (NIW, self-petition) has been approved. When you know what category you believe best fits your situation, you usually will need someone else to file an immigrant petition for you. The NIW applicant first will need to pay $700 to file Form I-140. Although the NIW requirements, as in the Matter of Dhanasar, 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. An NIW does not need to be employer-sponsored, but it is an option. The NIW allows you to self-petition for your EB-2 green card, meaning your status is not tied to a particular job or employer, unlike employer-sponsored categories. Processing times for a National Interest Waiver varies from year to year, from a few months to a couple of years. Some non-residents file two I-140 applications simultaneously in EB-1 and NIW. In that case, it should specify the work the foreign national is responsible for and the job requirements. A national interest waiver is a way to obtain a green card (lawful permanent residence) if your work, which related to research, science, or furtherance of human knowledge, creates a significant economic impact. B. Each different preference level has its own benefits as well as its disadvantages. To continue working legitimately while the petition is pending, you may file, Form I-765 for an employment authorization document. If the evidence is relevant and well presented, and the argument is made persuasively, there is a good chance of case approval. , which includes advancing your proposed endeavor and that the proposed endeavor continues to be of national importance to the United States. The greater focus, however, for a qualifying NIW applicant is meeting the standards of the three prong test to see if they are economically beneficial when they arrive in the United States. Can I change employers after my NIW approval? 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. The impact can also be regional/local in nature. It is an Employment-based 2nd preference category. These two green cards allow you to do those: Is EB-2 NIW eligible for premium processing? According to Nolo, a legal encyclopedia, once an applicant has responded to an RFE, the USCIS should respond back within 60-90 days. By using the Visa2us website and its services, you are subject to our Privacy Policy and Terms of Use. After EB2-NIW approval : r/USCIS - Reddit In the same vein, if the presentation is too short and unconvincing, it will be difficult to persuade the adjudicating officer. Such evidence must demonstrate the endeavors prospective impact and may consist of, but is not limited to, evidence that shows the proposed endeavor: Has significant potential to employ U.S. workers or has other substantial positive economic effects, particularly in an economically depressed area; Will broadly enhance societal welfare or cultural or artistic enrichment; and. 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. 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. For more information, please see our Otherwise, the foreign national needs to show exceptional ability.. However, publications will greatly improve the chances of approval because publications help to prove your authorship and original contribution. So, getting an EAD through I-485 likely remains your best option. I filed my EB2-NIW in August 2021 and got it approved in September 2022. On Sept. 9, 2022, DHS published the Public Charge Ground of Inadmissibility final . Getting an EB-2 NIW is a delicate process. First, the foreign national must establish that they: A foreign national who is qualified under the regular EB2 visa and can pass the three-prong test in the Matter of Dhanasar decision: For more information regarding EB2 NIW qualifications, please see our articlehere. 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. Citizenship and Immigration Services (USCIS), and waiting for its decision. That the foreign nationals proposed endeavor (in their field of study) has an important impact in the United States. 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. This should be taken into consideration when selecting recommenders. This is reflected in the letters, as well as in publications by or about the individual, awards, grants, or other materials relevant to the field. So, getting an EAD through I-485 likely remains your best option. . On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. Changing Jobs After National Interest Waiver Approval 2023 What Happens After NIW EB-2 Approval USA Immigration |The Credible Upon approval, the applicant is mailed a Form I -551, Permanent Resident Card. Client Testimonials Family-based immigrant petition: If you want to apply for a Green Card based on your family relationship, a U.S. citizen or lawful permanent resident relative must file a Form I-130, Petition for Alien Relative for you. A detailed description of the proposed endeavor and why it is of national importance. Examples include researchers in the life sciences, professors who have made an impact via certain publications or awards, or physicians coming to the U.S. As far as filing documentation and forms with the USCIS, all applicants are still obligated to tell the truth on any application filed, and discovery of fraud could lead to the applicant being placed in removal proceedings or deportation. The publication record should have a citation record to demonstrate the effect of the aliens work on the field, and show that other researchers are utilizing the result. A complete publication record should be included with the petition to demonstrate the aliens history of scientific achievement. O-1: What Happens After an O-1 Visa Approval? - Sethi & Mazaheri Law Firm USCIS Updates Guidance on National Interest Waivers. Discuss this more with your immigration attorney. Those who wish to go around the. We set out a clear strategy when drafting the recommendation letters to ensure that the letters contain all of the necessary statements to substantiate our claims in the petition. - Then current employer filed I-485 based on above approved 140, as it is in pending status, I have EAD issued. The PERM and NIW are two different cases, handled by different agencies. Be sure to reach out to the USCIS Contact Center if you feel as though something has happened with your application. 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. Self-petition I-140 EB2/NIW approved. What's next? 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. These are: Now that we know exactly what an NIW is and how to obtain one, we can see how the rules might allow changing jobs after national interest waiver approval. 2023 VisaNation, Inc. All Rights Reserved. This includes discussing the unique considerations for . 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. Share sensitive information only on official, secure websites. You can use this receipt number to check your case status. Wait 60 days for a final response to the initial RFE. , 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. 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. If your visa number is not current, you would have to wait for your visa number became current to begin the Adjustment of Status application or Consular Processing. EB2 - NIW I140 Approved, 485 pending - Forums Cookie Notice Frequently Asked Questions of Form I-140(Immigrant Petition for Alien 2. In addition, recommendation letters that briefly discuss the foreign nationals activities and describe them as knowledgeable individuals but lack specific information regarding how the foreign nationals endeavors had significantly contributed to the United States interest are insufficient. I changed careers after getting my green card through NIW. 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. To get in touch with one of VisaNation Law Groups lawyers, you can. Additionally, this evidence must show that alien has played a crucial role over the course of his or her work experience, Evidence of membership in professional associations, For research, evidence of project funding or grants. Citizenship and Immigration Services (USCIS), and waiting for its decision, which may include more than expecting a simple "accepted" or "denied," as several issues can arise even after USCIS makes a decision. Yes, the petitioner or the Form G-28 representative may send a letter requesting to withdraw the I-140 petition to USCIS. The date USCIS receives a petition package is known as the filing date, which USCIS uses as its priority date for your application. The approval rate of Ph.D. students applying for NIW benefits is similar to that of other applicants in our law firm. . So they need to meet the EB-2 requirements first. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. If documenting the foreign nationals publications or citations of the foreign nationals work, highlight the foreign nationals name in the relevant articles. What green cards bypass the labor certification process and allow me to self-petition? degree if several conditions are met when the labor certification application is filed. How do I prove that I should not be subject to labor certification? Our firm will confer with you about prospective candidates for writing reference letters. As part of our service, we will draft all of the recommendation letters. It is crucial to submit comprehensive documentation that clearly demonstrates the significance and impact of the applicants work. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Documentation that the foreign national played a significant role in projects funded by governmental grants and evidence of the foreign nationals education background, skills, knowledge, expertise, and other notable achievements in their field, including outstanding memberships or media reports. Attorney services are provided by independent attorneys and are subject to a separate Attorney Agreement. Curriculum vitae, which should include awards, honors, etc. The petition needs to establish the foreign national's qualifications under EB2 and demonstrate that the qualifications satisfy the National Interest Waiver requirements (three-prong test in the Matter of Dhanasar decision). After USCIS approves your immigrant visa petition, your case is transferred to the Department of State's National Visa Center ("NVC") for pre-processing if Other similar evidence, including contracts, licenses, and technology transfers, is also demonstrative of implementing the foreign nationals work.Evidence of Others Relying on the Foreign Nationals Work If researchers requested the foreign nationals work or assistance from outside institutions, this indicates the impact and significance of the foreign nationals endeavor. 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. How to Apply for an EB-2 NIW Visa - Boundless 6 attorney answers Posted on Jun 6, 2017 Congratulations on the approval of the I-140! If that's the case, then there's no point in spending . Typically,ittakes1-3weeks. How a Job Changes May Impact Your Approved I-140 - Murthy Law Firm Citizenship and Immigration Services today announced updated guidance on adjudicating requests for "National Interest Waivers" regarding job offer and labor certification requirements for certain advanced degree professionals and individuals of exceptional ability. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Therefore, additional evidence is required to demostrate a clients NIW eligibility. A foreign nationals proposed endeavor is of substantial merit and national importance, Foreign national is well-positioned to advance the proposed work, and, On balance, it would be beneficial to waive the job requirement for the foreign national, A. Does that qualify me to meet the advanced degree criteria? To get in touch with one of VisaNation Law Groups lawyers, you can fill out this simple contact form and schedule your comprehensive consultation today. What is important is that you continue to satisfy the. For an ordinary EB2 case, a U.S. employer needs to act as the case petitioner. If you qualify for the EB-1A for extraordinary ability, you can self-petition for your visa, meaning you don't need a job offer from a U.S. employer. Successful NIW cases are not limited to non-residents who are perceived to be at the top of their field of expertise. North America Immigration Law Group has successfully helped more than 10,000 clients obtain NIW approval, with . Here's What Happens When You Don't Get Pre-Approved for a Mortgage The aliens admission will improve educational and training programs for U.S. children and underqualified workers. So do not check multiple categories on one I-140 Form. It is believed that since Ph.D. students still require the teaching of their professors, it is challenging to argue that they are at a level of expertise in their field. Lastly, we never rely on templates to draft the letters and instead tailor each letter to your individual needs and unique case strategy. Now I want to apply for citizenship. 600 Stewart Street Suite 400, Seattle, Washington 98101, USA (Plaza 600 Building). After receiving the documentation you provide, our attorneys and legal team will write the reference letter for you. 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. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. EB2 NIW | National Interest Waiver Processing Time & Application Instead, a competent attorney can write a letter in support of evidence to ensure that the petition, letters of recommendation, and supporting evidence will prove that the foreign national is qualified for a National Interest Waiver. While these letters are often the most glowing, they can carry less weight as they are possibly biased. Before our firm submits the application, our attorneys will review the substantially revised reference letters to determine if it is necessary to ask the reference to sign an updated version. What is the three-pronged test set by USCIS? To do so, you would have to provide evidence that you meet at least three of the criteria listed below: 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 ten years of full-time experience in your occupation, A license to practice your profession or certification for your career or occupation, Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability, 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. You may also file. The National Interest Waiver waives the labor certification process and the necessity of having an offer of employment. The foreign nationals inner circle includes those they have directly worked with, either academic or business. To be qualified for EB2 NIW, one must first meet the requirements of the EB2 category (Second Preference Employment-Based Immigration), which can be satisfied in one of two ways: An advanced degree for an EB-2 visa is the United States advanced degree (degrees above a bachelors) or a foreign equivalent degree. If my NIW is approved, what is the next step toward getting a green card. But, if the current F-1 visa time is not long enough to finish your degree, it is better to wait to file the green card petition after you have extended the F-1 visa. Established in Matter of Dhanasar, the three-pronged test requires the following: Your immigration attorney will help you highlight how your endeavor helps benefit the United States, how working conditions will be improved for U.S. workers, immediate and long-term benefits, etc. What is USCIS case status message "Case Approved"? 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