You will receive notice from NVC within 2 months of approval, instructing you to submit civil documents and online application to initiate the Consular Processing process. If you receive the I-140 approval before the J-1 waiver, you must wait for the J-1 waiver before submitting the I-485 petition for status adjustment. Frequently Asked Questions for EB2 NIW (National Interest Waiver) Recommendation letters are essential in the petition for employment-based immigration benefits. Submit I-140 as a self-petitioner. During the adjudication process, USCIS may issue request for additional evidence if they believe the provided documents are not sufficient to make a decision. Therefore, they would not be able to change jobs outside their field after NIW approval. Note: This does not include wait times accrued due to Priority Dates via the Visa Bulletin. Examples include any type of life sciences researcher, or perhaps those who work in policy because there work has the possibility to make society better. Such supporting documentation can include: After thorough prefiling review, well submit your completed petition package to the proper USCIS Service Center. 2. Awards open to individuals at a particular institution, city, or state/ region/ province are not as influential. 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. Usually, the priority date for foreign nationals born in the rest of the countries is current under the EB-2 visa. Priority date mostly matters for people from China and India because priority date is not current for people born in these two countries. This does not include airfare from a foreign country to the United States. If your I-140 was filed after July 1, 2008, the priority date is not yet current (unless your spouse is not an Indian national and you can use cross-chargeability provisions). That is the most current estimate even with Covid-19. 4. If this is the route that you wish to take, it is highly recommended that you work very closely alongside an immigration attorney to make sure that your case is waterproof. To establish eligibility for a national interest waiver, a petitioner must first demonstrate qualification for the underlying EB-2 visa classification as either an advanced degree professional or an individual of exceptional ability in the sciences, arts, or business. Discuss whether your occupation fits the criteria with your immigration attorney. Billing Emailaccounts@cbkimmigration.com, Family- and Humanitarian-Based Immigration. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. 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. [NIW EB-2] I-140 approved! File I-485 Application when a visa number is available. Documentation such as email correspondence and acknowledgment in major trade publications or major media are good evidence. The aliens admission will improve educational and training programs for U.S. children and underqualified workers. B. What Happens After an O-1 Visa . Has National or even global implications within a particular field; have been awarded a foreign medical degree from a medical school that requires a foreign beneficiary to obtain a bachelors degree equivalent to a U.S. bachelors degree as a requirement for admission, has been awarded a foreign medical degree, and a foreign education credential evaluation is provided that describes how the foreign medical degree is equivalent to a medical degree obtained from an accredited medical school in the United States, or. You can use this receipt number to check your case status. Reddit and its partners use cookies and similar technologies to provide you with a better experience. These two green cards allow you to do those: Is EB-2 NIW eligible for premium processing? Independent letters of recommendation (from those who have never worked or studied with you, collaborated with you, or advised your work) will carry much more weight with the USCIS than letters from dependent recommenders. Frequently Asked Questions of Form I-140(Immigrant Petition for Alien This page gives you a brief summary of the top actions you may need to do after receiving your Green Card. As soon as USCIS makes a final decision on your NIW case, well immediately inform you of the result. The threefactors USCIS considersforanational interest waiverarewhether: Those seeking anational interest waivermay self-petitionusingForm I-140,ImmigrantPetition for Alien Worker. Share sensitive information only on official, secure websites. The only issue is that it will require going through the H-1B process, and there may be a delay. So do not check multiple categories on one I-140 Form. When adjudicating cases, the officer needs evidence of each step in order to approve the petition. USCIS will send out official notifications regarding your case, so make sure your mailing address is correct and reachable. Yes, you do need to inform USCIS if you are in the United States on a non-immigrant visa. FAQs on NVC Case Processing - Chicago Immigration Lawyers Yes, the petitioner or the Form G-28 representative may send a letter requesting to withdraw the I-140 petition to USCIS. Generally, it is more challenging to obtain immigration benefits under EB2 NIW than the ordinary EB2 because of the additional requirements for national interest. However, Green Card Link has successfully helped more than 3,000 clients obtain EB2 NIW approval, with the overall approval rate close to 100%. 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. 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. The most recent set of criteria are: You must show that your enterprise will have a positive impact on the U.S. economy, workforce, society, or infrastructure. This includes discussing the unique considerations for . need to demonstrate that their work in the U.S. will be in the national interest. Petition Filing and Processing Procedures for Form I-140 - Home | USCIS However, it is not advisable to simply submit a similar petition again unless your circumstances have improved. I-140 NIW approved. Do i need to apply for an EAD? - Sensors R&D If the memberships are in the foreign nationals field of expertise and require outstanding achievements as the selective criteria, the memberships can improve the foreign nationals overall credentials. degree if several conditions are met when the labor certification application is filed. National Interest Waiver (NIW) | A Complete Guide | VISA2US To continue working legitimately while the petition is pending, you may file, Form I-765 for an employment authorization document. Most visas are current except for people born in China and India. After receiving the documentation you provide, our attorneys and legal team will write the reference letter for you. However, that does not mean the new job must be in either of those career paths. It is important to note that physicians must work in their field in an underserved area for the first five years of their stay under EB-2 status in order to qualify for an NIW. Yes, USCIS began premium processing for EB-2 National Interest Waiver (NIW) I-140 petitions received on or before August 1, 2021. Yes, you may change employers after your NIW has been approved. A .gov website belongs to an official government organization in the United States. However, keep in mind that expert testimonials should bolster the argument that you meet the standard set by law. PDF Congratulations on the approval of your I-140 petition! The NIW application process involves preparing the necessary documentation, filing the NIW petition with U.S. By using the Visa2us website and its services, you are subject to our Privacy Policy and Terms of Use. I recently filed 765/131/485 in March 2023 and the USCIS could use my previous biometrics. That means you can potentially buy a $200,000 home. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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. Premium Processing Request for Evidence (RFE) - VisaNation: US Work Self-petition I-140 EB2/NIW approved. What's next? No job offer or permanent job position is required. The requirements of NIW and EB-1A are different, and the preparation process is substantially different for these two applications. 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. Latest NIW/EB1 I-140 Approvals Also, you can prepare your case for I-140 and J-1 waiver simultaneously. Log into your USCIS account, view the status of your application. Thenoncitizenmay, however,seek awaiverofajob offer, andofthelaborcertification,ifit is in the interest of the United States. What happens after my I-140 is approved? 6. Whats the deal with EB2 retrogression? The, PERM and NIW are two different cases, handled by different agencies. Individuals seeking anational interest waivermust show evidence of an advanced degree or exceptional abilityandmust also meetthreefactorsthat USCIS usesto determine, in its discretion, whetherit is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification. I have my I-140 approved (NIW self-petitioned) , can I change job while I-485 is pending?what happens if I get fired? ), Publications, Awards, Certificates, Licenses, or other credentials, Pay stubs (USCIS will want to verify that in the applicants' respective profession, their salary was competitive), Any other evidence of records of success in the field of study. Our firm assists individuals and institutions across the U.S. with their immigration needs. I changed careers after getting my green card through NIW. National Interest Waiver. After your NIW is approved, you or your legal representative will receive Form I-797, Notice of Action, from USCIS. Get started Find the right visa for you EB-2 NIW Cost In this section, we'll briefly discuss the costs associated with the EB-2 NIW application process. But each case approval is up to the immigration officers discretion, and not all officers adjudicate cases in the same way. Does anyone have any idea how long it might take for me to get the EAD and even GC? The persons proposed endeavor has both substantial merit and nationalimportance; The person is well positioned to advance the proposed endeavor; and. This is a very difficult situation as you will not only need to prove that your new enterprise is in the national interest, but you will also need to prove that you are qualified to advance the enterprise. The impact does not have to be quantifiable initially. However, green Card Link has maintained a high approval rate for this category. 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.