I am a current post-doctoral researcher having received my Ph. Although my citizenship is Indian, I was born and brought up in the Middle East, and it recently dawned on me that for GC and other immigration purposes, the country of birth is taken into consideration, which is why I am now in the process of applying for an EB2-NIW. You are correct green card visa number availability is based on country of birth. This would mean that you will not have the same long wait times for an I application as an Indian born EB2-NIW applicant would have.
Although your travel visa stamp has expired, your I is still current and as you mentioned, your stay is legal. So expired travel visa stamp should not have an effect on your application process. The answer to the second question depends on how you plan to apply. Also you would be eligible to obtain an EAD because your I is pending and advanced parole. These will let you stay and work. On the other hand if you apply separately I first and I after I approval then your stay after OPT expiration will be determined by I approval.
In other words if I is approved and you manage to apply for I before Nov 11 60 days after I expires. Typical processing times for I are months. So if you plan to apply now you should be good. Your email address will not be published. Save my name, email, and website in this browser for the next time I comment.
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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I approvals, the information here should not be considered as a guarantee of your green card application outcome. EB1A for Unemployed Ph. Published December 27, By NM. Posted in NIW. GCforPhD says:. December 27, at am. Hi You are correct green card visa number availability is based on country of birth. Leave a Reply Cancel reply Your email address will not be published.
Actually, this has been a hot topic in the last few months. The truth is nobody knows what will happen and you should watch this very carefully. Before you file your Adjustment of Status I, you must check if the priority date is current for your country. Check the 2nd row and the right column according to your country of birth. If there is any date there your priority date must be earlier than this date. Then you can file I Otherwise, you need to wait. For people from China and Indiathis is always a big deal because they are backlogged for many many years.
Priority date for China and India is almost never current in EB2 green card category. But lately, this was a big issue for everyone. In September all countries were backlogged which happens quite rarely. Nobody was able to file I Also, EB1A green card category was often a solution for China and India nationals because the priority date was current, as opposed to the other green card categories. But in the last few months, the doors remained closed and nobody knows when it will open again.
Apparently because they were backlogged, they were not accepting I applications. They also included a green slip in the rejection package and urged me to apply once the the priority date for my category became current I had to include that green slip in my re-submission package.
After checking the bulletin the very next month, my priority date became current. I however waited until December to resubmit my application. This time it was accepted and in January I got a notice for my biometric appointment. They really are not evil 2 Even after re-submitting my I application, it was still accepted as a concurrent filing 3 Towards the end of the USCIS fiscal year Septemberapplicants should pay very close attention to the priority dates associated with their applications.
Your story encouraged me to pursue this process and it was well worth it.First, let me thank you. I got recently approved i through NIW, using your package. I am on J1 visa and I am applying for adjustment of status.
Do I have to file i in order to keep working for my current institution? I have heard that it is recommended to stay on J1 while the adjusment of status is pending. Is this correct?
So the answer to your first question is no. If you have not concurrently filed your petition that is I and I together then you would have to wait till your I is approved first. After I approval, you need to apply for I if your priority dates are current which will entail you to apply for an EAD. In order to apply for I you should already have obtained an J1 waiver.
I am from India and would like to know can I work with my current employer till my NIW application is pending?
I-765 (EAD) Discussion Forum
If your F1 expires, pending I by itself does not allow you to work or even stay in the U. To my knowledge, it is not possible to obtain EAD on the basis of approved I before the priority date is current. Thank you so much for all the useful tips and advice. My NIW petition was based on my research and publications on signal processing in electrical engineering. About a month ago, I accepted a job offer as a process engineer with one of the tech companies and the job function even though it is in electrical engineering has very little to do with signal processing.
I would like to know if resuming that job with an approved EAD will have any effect on my I application? I mean must I only work as a researcher on signal processing or I am fine as long as my job is in the electrical engineering field. Congratulations with the NIW approval!
Did you use our packets or hired a lawyer? And you will deal with some kind of signal processing in electrical engineering anyway. Thank you so much for the response. I used some information from your website during the I filing and in drafting my reference letters and other application packets but I eventually hired a lawyer to file the petition on my behalf. Back to my previous question, my main concern is that the process engineer job description has nothing to do with signal processing and it has nothing to do with my PhD research work.
Formally, you can work at any job while your I is pending. The other question is that USCIS expects you to work in the field you used in the petition after you obtain the green card. Changing your field immediately say, within 6 months after getting the green card may create problems when you apply for the U.
I have pending I NIW. Do need to write yes and mention about EAD she has as J2 visa status 3 Her category will be same as mine c 9?Although each client presents a unique case that must be closely evaluated by an attorney, in general, the NIW provides individuals having advanced degrees with the opportunity to petition under a standard that is generally easier than that required by the EB-1A.
For instance, a researcher with fewer than citations to their publications might find it easier to win approval under the NIW standard than the EB-1A. In addition, unlike lower preference categories, visas are currently available for most countries under EB-2, meaning that many individuals will be eligible to apply for an immigrant visa or adjustment of status without having to wait. But even for individuals from countries where visas are not currently available under EB-2, there can still be benefits of filing a NIW when combined with certain underlying non-immigrant visa statuses.
Visas are not currently available for individuals born in China petitioning under EB As a result, those individuals must wait to be granted permanent residence even with an approved I However, we have identified that filing an NIW petition can possibly be beneficial for clients who may not have a strong EB-1A case but who presently have a valid underlying non-immigrant visa status. One of the most common ways our clients from China can continue to work and live lawfully in the US while waiting for a visa to become available under EB-2 involves working on an H-1B visa.
Given the amount of time this non-immigrant visa status can provide clients on its own, filing a NIW can allow a client to essentially petition, receive approval, and wait for an immigrant visa to become available for them before the expiration of their H-1B. Moreover, an approved I allows these individuals to extend their H-1Bs in 3 year increments beyond the usual 6 year limit for H-1B until an immigrant visa becomes available.
In addition, an approved I for an H-1B holder can allow their H-4 dependents to receive an Employe Authorization Document EAD that would not otherwise be available for them while waiting for an immigrant visa to become available.
In short, an approved NIW can provide a great deal of benefits for individuals with an H-1B non-immigrant status both in terms of their capability to remain lawfully present in the U. In short, there are many ways for an individual born in China to benefit from an NIW even though they will not be able to immediately apply for permanent residency.
Similar to those clients born in China, immigrant visas are not currently available for individuals born in India and petitioning for an NIW. In fact, current backlogs are even longer for Indian-born individuals than people born in China. However, we have identified that for many clients, filing an NIW petition can possibly be beneficial for clients who may not have a strong EB-1A case but who presently have a valid underlying non-immigrant visa status.
One of the most common ways our clients from India can continue to work and live lawfully in the US while waiting for a visa to become available under EB-2 involves working on an H-1B visa. Moreover, an approved I allows these individuals to extend their H-1Bs in 3 year increments beyond the usual 6 year limit for H-1B until an immigrant visa become available.
In addition, an approved I for an H-1B holder can allow their H-4 dependents to receive an Employed Authorization Document EAD that would not otherwise be available for them while waiting for an immigrant visa to become available.
In short, there are many ways for an individual born in India to benefit from an NIW even though they will not be able to immediately apply for permanent residency. There are several potential benefits to petitioning for an NIW for individuals born in Iran. In particular, one of the most beneficial aspects of petitioning under this category is the fact that immigrant visas are currently available for people born in Iran under EB-2 so unlike those born in China and India, Iranians with NIW approval are eligible to receive their green cards after the approval of the application for adjustment of status or immigrant visa processing without waiting.The key to our success is the way in which we present supporting evidence and provide the highest quality petition letters.
Not only do we apply this insight into our approaches to our clients' cases, but we also carefully review all RFEs Requests for EvidenceNOIDs Notices of Intent to Denyapprovals, and denials issued on our cases so that we can further increase our understanding of USCIS strategies and decision-making processes.
With the insight, we are able to advise our clients on the best ways to proceed with their petitions. While other petitioners and attorneys may still use templates to draft recommendation letters or petition letters, our clients' recommendation letters and petition letters are tailored to their individual credentials to best persuade a USCIS officer that our clients meet the requirements of the category they are applying under and therefore their petitions deserve to be approved.
No Legal Advice Intended. This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments.
EB-2 NIW (National Interest Waiver) – Clarification of Common Myths and Misunderstanding
These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer for advice on specific legal issues problems. Please rest assured that the pandemic generally does not affect our capacity to handle your case. Currently, we are still preparing cases efficiently and effectively following the timeline set in our retainer agreements.National Interest Waiver Nimer Adeeb
Tel: Free Evaluation. Based on our extensive experience in the EB-2 NIW category and numerous successful petitions, we would like to take this chance to clarify some of the most common myths and misunderstandings about the EB-2 NIW category. This is not true. We have successfully filed EB-2 NIW National Interest Waiver for clients who are medical doctors, dentists, pharmacists, engineers, accountants, writers, opera singers, website designers, entrepreneurs, and visual art designers, just to name a few.
In fact, anyone who can meet the basic requirements advanced degree or equivalent, or exceptional ability under EB-2 Second Preference of Employment-Based Immigration might be qualified to file an I petition under the EB-2 NIW category if arguments can be made that their credentials can pass the three prong test set forth by the Matter of Dhanasar precedent decision.
The three prong test stipulates:. In particular, the new Matter of Dhanasar forms a more flexible eligibility test than the preceding test set in Matter of NYSDOT New York State Department of Transportationand it is meant to apply to a greater variety of individuals, thereby widening the scope of petitioners that could qualify for a green card under the NIW category.
Furthermore, one does not even have to be in the U. However, if you are outside the U. As such, it is not tied to a particular job. A petitioner who has filed an I under the EB-2 NIW National Interest Waiver category is allowed to change jobs as long as they continue to satisfy the requirements of the category—namely, they must advance their proposed endeavor and their proposed endeavor must continue to be nationally important to the U.
For an EB-2 NIW National Interest Waiver case, you are the petitioner as well as the beneficiary of your case, as opposed to an employer-sponsored category, in which the employer is the petitioner but you are the beneficiary. Under EB-2 NIW National Interest Waiveryour I approval is attributed to you, rather than your employer so the I petition would not have to be modified or transferred if you were to change jobs. I petitions are adjudicated individually by the USCIS, so you should be able to file multiple petitions in different categories simultaneously, and these petitions should not affect one another.
First, if you have an H-1B visa, your employer can extend your H-1B visa beyond the 6 year cap if you have an approved I or an I petition that has been pending for more than days. Second, your H-4 dependent can become eligible to obtain an H-4 EAD Employment Authorization Document ; that being said, you should be aware that the current administration is considering cancelling the H-4 EAD program.
The EB-1 visas have been retrogressed for both born in India and China. As such, securing an early priority date will help the overall timeline to file I or proceed with Immigrant Visa Processing.
Although the Dhanasar decision indicated education background as one of the factors to show that one is well-positioned to advance the proposed endeavor, we have helped thousands of clients without a Ph. For more information, please see another article on our website where we shared our experience to help Ph.
To do so, you would have to provide evidence that you meet at least three of the criteria listed below:. Our firm has had thousands of cases approved for clients without Ph. Many of these clients were either still Ph. We will let you know at the time of evaluation if you meet the minimum qualifications for a viable EB-2 NIW case.
However, the immigration officer may take into consideration factors such as education, skills, knowledge, and record of success in related efforts when evaluating EB-2 NIW cases. If you do not have many publications and citations, but you have strong records of your work being implemented by others in your field, you may still have a good NIW case to pursue.Many people within the immigrant community are aware of the recent changes in National Interest Waiver adjudication following the Dhanasar decision.
This new Administrative Appeals Office decision appears to have loosened the adjudication standards for a certain subset of NIW applicants, but definitely not for all. Many applicants are rushing to submit NIW application packages, including final applications for permanent residence.
This is particularly true for applicants who submit these applications toward the end of their degree programs, before they are employed. The I package almost always includes an application for employment authorization document, or EAD Form I as well as an application for travel document Form I These applicants may receive the EAD within a reasonable period of time, but are no longer guaranteed to receive it within 90 days, as was the case under a regulation that expired in January, If the applicant moves after he or she graduates, there is a very good chance that the EAD will get lost in the mail.
USCIS does not have a good system for address changes. In some cases, an applicant whose EAD is lost in the mail may need to start the application process all over again. But that is not the biggest financial risk. It is vital for applicants to understand that if the I is denied, then the I will be denied, and then the EAD will immediately become void. Check out our post on this subject. But for people who have just gotten their PhD, or who have not yet graduated, there are not a lot of slam dunks.
Applicants, no matter how accomplished, often need to look beyond their own assessment of their achievements, and get an unbiased opinion from an attorney whom they trust. Surprisingly, the financial risk noted above is the tip of the iceberg. There is another, more menacing concern. The applicant who takes this course towards the end of his or her education will likely skip the step of applying for Optional Practical Training OPT, which gives graduates of US universities the opportunity to work in the United States for a year, and in some cases three years, after graduation.
But meanwhile, if the I is denied, the I will be denied, and the EAD automatically becomes void. The person suddenly has NO basis to remain in the US.
For these reasons, we rarely encourage our clients to submit the I concurrently with the I, simply because it puts a lot of money at risk for them, even when they are safely in H-1B or any other status. In some cases, there may be reasons for taking this risk, but it is vital that the client understand and assess the risks fully before taking this step. We make a point of giving potential clients an honest assessment of their chances of success, and always talk through the timing of the I filing as a part of the consultation.Skip to main content.
The second-preference employment category EB-2 allows individuals of exceptional ability and individuals who are members of the professions holding advanced degrees to get a Green Card permanent residence. For EB-2s a job offer and a labor certification is generally required.
This requirement can be waived if the petitioner demonstrates that granting the EB-2 petition would be in the national interest of the United States. One reason USCIS may grant the national interest waiver is because a physician agrees to work for a period of time in a designated underserved area. Eligibility Criteria You must agree to work full-time in a clinical practice.
The following evidence should be submitted with Form I Two passport-style photos Copy of approval notice for Form I, Application for Waiver of the Foreign Residence Requirement under Section e of the Immigration and Nationality Act, as Amended Copy of Form I, Approval notice for I Copy of birth certificate or other records of your birth Copies of all passport pages with nonimmigrant visas Evidence of final compliance with the 3 or 5 years service requirement to be submitted no later than days after the completion of the service requirement Evidence of compliance must be submitted at intervals while the I is pending Form I, Medical Examination and Vaccination Record Photocopy of the Form I Approval Notices for all extensions and changes of status Photocopy of the Form I or IAP 66 school records front and back, including all school annotations Applicable fees Form G, if you have an attorney representing your case.
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