National Interest Waiver

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1 National Interest Waiver EB2-NIW Application Process 1. I-140 Application Reference letters, Evidence, Fee and Check list 2. I-485 Application 3. Optional forms EAD, Advanced Parole applications Easy to use complete NIW do-it-yourself packets 1

2 Visa Requirements? No visa is required to file for a self-petition application in NIW or EB1A categories. Any one out side of US without a visa can petition. Any one with virtually any visa (H1, F1, J1 etc) can self-petition (NIW or EB1A) for permanent residency petition (I-140). Special note to J1 and F1 holders only: By applying for a green card you are expressing immigration intent and may not be able to extend your J1 or F1 visa. Read more Easy to use complete NIW do-it-yourself packets 2

3 Overview NIW Application Process Application process for NIW and EB1A are very similar involving two stages. Labor certification is generally not required. 1. I-140 application: petition for permanent residency where USCIS decides if you are eligible to get a green card. 2. I-485 application: this second stage involves adjustment of status to a permanent resident. The two stages can be applied separately or concurrently depending if priority dates are current. Premium processing is generally not available for NIW. Easy to use complete NIW do-it-yourself packets 3

4 Priority Dates For NIW self-petition, priority date is the date of I- 140 petition or date of labor certification (if for some reason labor certification was applied). Priority date is current if the Department of State (DOS) visa bulletin mentions C against EB2 for your nationality. You can check this online. Priority dates are released every month by DOS. Easy to use complete NIW do-it-yourself packets 4

5 Concurrent or Separate Concurrent filing: If priority dates are current you may choose to file I-140 and I-485 together. Advantageous for some applicants.. It entities to employment authorization (EAD) and travel authorization (advanced parole AP). Separate filing: I-140 is filed first. Once I-140 is approved, I-1485 can be applied if priority dates are current. Easy to use complete NIW do-it-yourself packets 5

6 I-140 Application Application used to petition for an alien worker to seek permanent residency in the United States. A typical I-140 petition would include all the evidence supporting USCIS requirements and detailing why you think you are eligible. Primary applicant files this application and can include names of his/her family members (spouse and unmarried children) on this application. Easy to use complete NIW do-it-yourself packets 6

7 I-140 Checklist Filled I-140 application and fee. You can check the latest fee on the USCIS website. Instructions for paying fee can be found at this USCIS link. Include a filled copy of filled ETA-9089 to the USCIS. No employer sponsorship is needed. Petition letter: Detailed letter explaining your evidence to the USCIS officer. Reference letters, CV and various other evidence. Easy to use complete NIW do-it-yourself packets 7

8 Evidence Evidence should support 1) three NIW criteria and 2) USCIS EB2 requirements (advanced degree or exceptional ability). More details Reference letters are key part o the evidence. Seven to ten letters, some from collaborators and some from independent experts, are generally used. More details of letter content. Easy to use complete NIW do-it-yourself packets 8

9 I-485 Application Application is used to adjust your status and register in the US as a permanent resident. Every year USCIS is allowed to grant up to a fixed number of immigration visas (Green cards). Due to restriction on numbers, USCIS only accepts I-485 applications if the priority dates are current. Priority dates: Department of state (DOS) determines the current priority dates based on category of application (EB1, EB2 etc) and nationality. These are released every month as part of a visa bulletin. Easy to use complete NIW do-it-yourself packets 9

10 I-485 Application Entitles the applicant to 1. Employment Authorization Document (EAD) and Obtained by applying I Advance Parole (AP, travel permission). Obtained by applying I-131 These applications can be sent together with I-485 or can be applied separately after I-485 application. Easy to use complete NIW do-it-yourself packets 10

11 Resources Judging chances of success in EB2 NIW EB2-NIW application process Reference letters Understanding EB2-NIW: USCIS Requirements. PM : December 2010 Policy memorandum providing guiding for aliens of EB1A and EB2-NIW based on exceptional ability. Easy to use complete NIW do-it-yourself packets 11

12 Resources Employment-Based Immigration: Second Preference EB-2 Complete NIW example packet derived from USCIS approved petition Easy to use complete NIW do-it-yourself packets 12

13 Example NIW Petition Greencardforphd provides example petitions (actual approved NIW case) that were successfully used by hundreds of applicants to obtain their Green cards. Applicant s educational background include: Masters or PhD or PhD student, or Postdoc, or Scientist, or Professor or Researcher Applicants from wide range (science, technology, engineering, medicine, mathematics e.t.c) of fields have used our packets. Easy to use complete NIW do-it-yourself packets 13

Significance of the October 2005 Retrogression of Permanent Resident Visa Numbers for Chinese and Indian Employees

P R O F E S S I O N A L N E T W O R K S International Scholar Advising Significance of the October 2005 Retrogression of Permanent Resident Visa Numbers for Chinese and Indian Employees Helene Robertson,