for first phase (I-140 package of documents), you will need most of above mentioned documents (of course, only that applies to your situation). Planning to apply under NIW. For the EB-2 classification, an immigrant petition, Form I-140, is filed with a labor certification. 2023 VisaNation, Inc. All Rights Reserved. The waiver allows beneficiaries to skip this step. Here is another probelem. This National Interest Waiver test was set out in the 2016 Administrative Appeals Office (AAO) precedent decision called Matter of Dhanasar,26 I&N Dec. 884 (AAO 2016), which established a new framework for evaluating NIW Green Card applications. These three phases have distinctive requirements and the waiting can sometimes be exhausting for applicants. The endeavor must be beneficial to the United States as a whole, and not local or regional in nature. Although this area of immigration law is highly complex, it also has a high reward since EB-2 green card is very valuable. Find the best ones near you. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. What is the difference between OPT and CPT? I appreciate their work. No Legal Advice Intended. Client Testimonials - WeGreened.Com Improved wages and working conditions of U.S. workers, Improved education and training programs for U.S. children and under-qualified workers, Provided more affordable housing for young and/or older, poor U.S. residents, Improved the environment of the U.S. and making more productive use of natural resources, Request from an interested U.S. government agency. Please note that we dont mention further in this text that we are talking about copies of documents not originals. Both professionals with advanced degrees and exceptional ability can seek a waiver of the job offer requirement as well as a waiver of the labor certification requirement. Our family went through many immigration attorneys. Hi Veronika, Although you can self-petition for a national interest waiver, it may be prudent to consult with an NIW attorney who handles such cases on a regular basis. I am referring your blog for my I-140 NIW application. Our personalized approach, attention to detail, and expertise in obtaining NIWs can increase your chances of success and save you time and stress. When we received the request of immigration physical exam, Dawn predicted that my dad probably would get his green card without an interview. EB2 NIW Green Card Approval | Lally Immigration Services Is it considered as of Schedule A, Group I or Group II? EB-2 niw Green Cards - High-Skilled Immigration You can pass the General EB-2 Eligibility Test by meeting 1 of the following 2criteria: You have an advanced degree (Master's or Ph.D Degree), or its equivalent (Bachelor's Degree and 5 years of experience); or. 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. When I emailed Dawn for the first time, she said Its possible and she wanted meet us at her office. The benefits to a specific U.S. agency or government in general, The benefits to the U.S. education sector, Why it is more advantageous to be granted a waiver than to go through the labor certification process. A major benefit is that applicants can self-petition, which means that the requirements of a job offer, an employer sponsor, and a labor certification do not apply. 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. Sorry, I dont have better answer. EB2 National Interest Waiver - Murthy Law Firm | U.S Immigration Law However, couple clients who bought our kit were entrepreneurs. An experienced NIW will help you do this. Please call 301-529-1912 to schedule a consultation. Data collection and cookies. Yes, it seems they continue to accept it. Tips and News about National Interest Waiver - EB2 NIW Lawyer Schedule a consultation with our senior immigration lawyer to discuss the employment immigration strategy for your business. We had to go through Motion to reopen, motion to terminate and finally i485 application. 3/26/2021. Some of the generally required items for the NIW process include: These documents must be presented, drafted, and addressed according to the USCIS requirements to avoid rejection. 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. EB2 NIW attorney is dedicated to assisting professionals with their NIW application needs. Im replying to my RFE and would like to confirm if in response to the RFE the letter should be address as follow? When balancing all the factors, it would be in the national interest of the U.S. to grant you a waiver of the normal job and labor certification requirements. Here at Legacy Immigration, one of our specialties is the EB-2 National Interest Waiver (NIW). Also note that this is not complete list of all possible evidence for NIW case. After contacting Dawn, and discussing my case with her, I knew immediately I wanted her to represent me. Veronika Founder of EB2 NIW project . I am planning to apply for a green card ( EB2 Category). This website includes general information about legal issues and developments in the law. I really need your help to recommend me a trustworthy Attorney specialized in EB2 NIW. Thanks. This is to protect the interest of both foreign and U.S. workers. Avvo has 97% of all lawyers in the US. The regulations require those seeking classification as professionals with advanced degrees to have a degree above a bachelors, or, a bachelors degree plus five years of progressive post-baccalaureate work experience in a profession. Most likely, yes, since the second degree qualified you for the position. I have masters degree in buisness. We attribute the remaining portion of our success to preparing tailor-made applications with every piece prepared from scratch. 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. Required fields are marked *. I graduated in 2019 with dissertation and I dont have any publication yet. I have 2 published papers (1 as 1st author, 1 as co author) but both have more than 30 citations in 2 years. Jean P. Domanski. and our There is also a special NIW option for physicians, which is discussed on the MurthyDotCom Physicians page. In 1999, Congress created a special statutory national interest waiver specifically for clinical physicians. Thus, an EB-2 visa can only be granted provided that there are no qualified U.S. workers who are interested in the position. Second, the EA classification is limited by USCIS regulations to those working in the sciences, arts, or business.. Hi Veronika! The required evidence depends on the specific field of your proposed endeavor along with your academic qualification, job experience, and biographic data. Forms, fee, petition letter and letters of recommendation should be included at the very beginning of EB2 NIW package. Proposed impact is national in scope. How Green Card-Seeking Investors from China Are Fueling NYC Construction, Must apply for a job that requires an advanced degree, Must possess an advanced degree (or possess a bachelors degree plus 5 years of progressive work experience). My dad received his green card two weeks after his physical exam without an interview. After a lot of research, I came across Dawns firm which encompassed all of what I was looking for. I Want to Apply for EB-2 Under the Advanced Degree Category. Keep in mind that the ideal immigration attorney for you may or may not be located near you. Searching on USCIS on the term 8 C.F.R. I hope you will hear YES and will be able to find your way back here, wish you all the best! Am I correct? A place to discuss US and Worldwide immigration news, politics, visas, green cards, raids, deportations, etc. Take EB-2 NIW quiz for initial screening. More information at: https://www.theguardian.com/technology/2023/jun/11/reddit-communities-to-go-dark-in-protest-over-third-party-app-charges. ETA-750B was used earlier but USCIS continued to accept it when filling with NIW. This is usually the hardest factor to prove and is usually the reason that pro se applicants get denied. She was awesome, knowledgeable and great to speak to. Do Dentists Eligible for EB2 NIW? - Avvo.com - Legal. Easier. We have obtained almost 32,000 NIW/EB1A (EB1EA)/EB1B (EB1OR) petitions approvals, which makes us one of immigration law firms with the highest number of approvals in these three categories. 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. 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 best to be guided by a professional. We also consulted with experts what we need to confirm, what is important to highlight etc. Hope you understand. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. For instance, your letters of petition and recommendation as well as your resume, must demonstrate your eligibility for an NIW and show that your request meets each of the three prongs of the National Interest Waiver requirements. Contact us for a Free Evaluation of your NIW Profile Next, you need to present arguments for another three NIW requirements established in Dhanasar case, read more details here. Ellis Porter / High-Skilled Immigration (HSI), Home/High-Skilled Immigration Services/ NIW Green Cards. Documents checklist for I-140 EB2 NIW petition - EB2 NIW - Green card For nationals of India, the backlog is shorter than the EB-3 backlog. . thank you for your question. She is deligent crafting the case and excellent at responding to any questions that you may have. . Helping to preserve this countrys legacy as a land of opportunity and freedom. The only exceptions to this rule are: 1) a request for precertification using Schedule A; or 2) a request for a national interest waiver. Your email address will not be published. I Now Want to Change Employers. Under the second prong of the NYSDOT test, you must demonstrate that the proposed benefit to be provided will be national in scope. Right now I am in the OPT, and working as adjunct professor. 1. Is This True? EB-2 NIW Green Card Processing in Houston | Trusted Immigration Attorneys No one was ever confident and professional as Dawn. PERM Labor Certification is Not Required: Unlike most other Employment-Based Green Card categories, you do not need to go through the PERM Labor Certification process to show a shortage of U.S. workers in the labor market for your occupation to be eligible to file an NIW Green Card application. PC, headed by US Immigration attorney . So the applicant would sign the I-140. You must prove that the national interest would be affected if you are subjected to the labor certification application process. Are educators eligible to apply under NIW category. We submitted also ETA-750B and so far none of our 500+ clients said that it was problem. The Firms website marketing partners or features that collect data as described above may include, among others, Google Analytics, other analytics programs, and Google AdWords remarketing service. For example here: http://www.uscis.gov/sites/default/files/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Advanced%20Degrees%20or%20Aliens%20of%20Exceptional%20Ability/Decisions_Issued_in_2014/JAN232014_02B5203.pdf This case decision is from 01/2014 and it shows they required to fill ETA-750B or ETA-9089 at that time. I am preparing the documents for NIW, and I have one silly question. I went through your questions and answers. Or do we still submit the I-140 and ETA 750B? Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. I have a quick question concerning I140 form. in Communications. Came across a few online with 'Approved or Refund' claim too. The EB2 national interest waiver (NIW) category involves members of the professions who hold advanced degrees or persons of exceptional ability. Step 1: The General EB-2 Eligibility Test You can pass the General EB-2 Eligibility Test by meeting 1 of the following 2 criteria: You have an advanced degree (Master's or Ph.D Degree), or its equivalent (Bachelor's Degree and 5 years of experience); or You have demonstrated exceptional ability in your field. Green Card Through a Physician National Interest Waiver (NIW) Third, the regulations require EA applicants to present evidence that meets 3 out of 6 criteria (or prove that the criteria is inappropriate):
- An official academic record showing that the foreign national has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
- Evidence in the form of letter(s) from current or former employer(s) showing that the foreign national has at least ten years of full-time experience in the occupation for which he or she is being sought;
- A license to practice the profession or certification for a particular profession or occupation;
- Evidence that the foreign national has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
- Evidence of membership in professional associates; or
- Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
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eb2 niw attorney near me