National Interest Waiver

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

JOSE FLEMING, Immigration Compliance Officer TIM WHITE, Immigration Services Program Manager

Frequently Asked Questions

W. DAVID ZITZKAT ATTORNEY AT LAW

Basic Immigration Terms H-1B Visas Other Visa Types Green Card Sponsorship

JON-MARC LARUE ZITZKAT ATTORNEY AT LAW

Employment Authorization Document and Travel Document

DELANEY LLC. 3 Bethesda Metro Center, Suite 505 Bethesda, Maryland (F)

O-1 EMPLOYEE CHECKLIST & QUESTIONNAIRE

ο The interplay between concurrent filing of I-140 and I-485 petitions and the I-140 portability provision in AC21;

JoAnn Barten Barten Law, P.C.

Below are tips to ensure that your Form I-140 petition is accepted for processing:

Frequently Asked Questions (FAQs) and Answers for HISD Teachers

U.S. v. Windsor and the Death of DOMA: A New Day in U.S. Immigration for Same-Gender Couples. Seyfarth Shaw LLP Business Immigration Group

This attorney-client retainer agreement (hereafter referred as Agreement ) is entered into by and. (your name as it appears on passport) (hereafter

THE EB-5 PROGRAM THE BIG

W. DAVID ZITZKAT ATTORNEY AT LAW

THE PATH TO U.S. CITIZENSHIP THROUGH EB-5 REGIONAL CENTER INVESTMENT. Prepared by USVisa-India.com

LAYOFFS / TERMINATION OF EMPLOYMENT FREQUENTLY ASKED QUESTIONS

6100 Fairview Road, Suite 200 Charlotte, NC P Presented to: UNCC Students April 13, 2018

JON-MARC LARUE ZITZKAT ATTORNEY AT LAW

This attorney-client retainer agreement (hereafter referred as Agreement ) is entered into by. between (your name as it appears on passport)

CLUE: HOW TO NAVIGATE EMPLOYMENT BASED IMMIGRATION- PERM-BASED I-140 PETITIONS

ACCESS TO CAPITAL THROUGH FOREIGN INVESTMENT

O, P, Q VISA CLASSIFICATION OVERVIEW

Documents Required for the H-1B Process

Permanent Residency Workshop. Office of Immigration & Academic Appointments

Notes from April 2014 USCIS Texas Service Center Open House

Vermont Service Center Processing Times

Frostburg State University. Guide To The Recruitment and Hiring Process For Foreign Nationals

DHS does not define compelling circumstances but provides 4 examples: - Serious illness and disabilities;

E-3 EMPLOYEE CHECKLIST & QUESTIONNAIRE

NW Regional Immigration Law Conference March 16, The Position = A Specialty Occupation

Travel During The Holidays: How To Avoid The Immigration Trap. October 13, 2010 Murali Bashyam and Tina Huber Bashyam Spiro LLP

Permanent Residency Application Packet

OFFICE OF BUSINESS LIAISON

u.s. Citizenship Memorandum and Immigration.Services I. Purpose II. Background June 15,2009 Field Leadership TO:

1. Where Should you Send your EB-2 NIW (National Interest Waiver) Petition Package:

TN VISA STATUS EMPLOYEE CHECKLIST & QUESTIONNAIRE

EB5 Visa Green Card... Immigration Through Investment

Cover letter to uscis for expedite request

o Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005), Public Law No , 119 Stat.


U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Washington, DC 20529

Frequently asked questions Adjustment of status

TABLE OF CHANGES INSTRUCTIONS Form I-765, Application for Employment Authorization OMB Number: /18/2017

NAFSA Region XII Conference USCIS Service Center Session Las Vegas, Nevada November 2, 2006

THE ETERNAL ADJUSTMENT APPLICANT

DOWNLOAD OR READ : USCIS GOV QUESTION AND ANSWER PDF EBOOK EPUB MOBI

H-1B Fiscal Year (FY) 2011 Cap Season

Basic Immigration Law 2015

F-1 EMPLOYMENT: Optional Practical Training (OPT) Workshop

EB-5 IMMIGRANT INVESTOR SERVICES LOS ANGELES NEW YORK SHANGHAI

AILA InfoNet Doc. No (Posted 2/7/13)

DEPARTMENT OF HOMELAND SECURITY. U.S. Citizenship and Immigration Services. CIS No ; DHS Docket No. USCIS

Instructions for Supplement A to Form I-485, Adjustment of Status Under Section 245(i)

INVESTMENT ORGANIZATIONAL STRUCTURE

Seminar Presentation SVP/Job Zone Issues & Refiling and BEC Interactions

U.S. Department of Justice Immigration and Naturalization Service

SUBJECT: Extension of Status for T and U Nonimmigrants (Corrected and Reissued)

U.S. Department of Justice Immigration and Naturalization Service HQADN 70/ February 14, 2003

Instructions for Petition for Alien Workers

DATE: Wednesday, July 31, ACTION: Interim rule with request for comments.

SUBJECT-MATTER INDEX FORMS & FUNDAMENTALS, ED.

Title USCIS Fee Biometrics Fee

Revisions to Adjudicator s Field Manual (AFM) Chapters 21.2(e)(4)(C) and 37.4 (AFM Update AD06-21)

USCIS seeks your input on the interim policy memos listed below.

Families & Immigration: A Practical Guide 4 th Edition Table of Contents. Qualifying Family Relationships and Eligibility for Visas

HEALTH SCIENCES CENTER NEW ORLEANS LOUISIANA STATE UNIVERSITY SYSTEM H-1B PETITION WORKSHEET INFORMATION ABOUT THE BENEFICIARY

Immigration Legal Fees per Type of Case

Newsletter. TPS RE-REGISTRATION FOR NATIONALS OF HONDURAS AND NICARAGUA p.8. Topics: Issue 8, May 2016 USCIS IS SET TO INCREASE FILING FEES

F-1 Post-Completion Optional Practical Training. INTERNATIONAL STUDENTS AND SCHOLARS OFFICE Columbia University

Business Immigration Monthly

EB-5 Immigrant Investor Program Frequently Asked Questions (08/2017)

AILA InfoNet Doc. No (Posted 9/27/11)

The United States of America is the safest place in the

CALIFORNIA INSTITUTE OF TECHNOLOGY Procurement Services

EB-5: Your Path to a Green Card An Introduction. Investment Immigration Opportunity

I-130S AND I-129FS OVERVIEW: WHO MAY FILE?

Us Department Of State Form Ds-230 Instructions

SAMPLE SELF HELP Available online 24 / 7. CONTACT US Mon-Fri 8am to 5pm PST. Online at ORDER SUMMARY.

TABLE OF CHANGES INSTRUCTIONS Form I-539, Application to Extend/Change Nonimmigrant Status OMB Number: /09/2018

THE ETERNAL ADJUSTMENT APPLICANT

USCIS Publishes Interim Final Rule on Adjustment of Status for U Nonimmigrants By Sarah Bronstein December 2008

11 Document Renewals and Replacements

Standardizes the handling of visa-regressed cases throughout USCIS field offices nationwide;

Salve Regina University. Optional Practical Training: Application Guide for OPT

FAMILIES & IMMIGRATION: A PRACTICAL GUIDE 5 TH EDITION TABLE OF CONTENTS

ATTORNEY-CLIENT AGREEMENT

TABLE OF CONTENTS CHAPTER

Instructions for Immigrant Visa Applicants

H-1B Visa-Beneficiary Data Collection Form

TRAVEL FOR INTERNATIONAL FACULTY

SSD4 MODULE 3 EXAM QUIZLET

This attorney-client retainer agreement (hereafter referred as "Agreement") is entered

O P T I O N A L P R A C T I C A L T R A I N I N G

USA Investment Visa Programmes

DHS Questions & Answers from CIS Ombudsman's Teleconferences

Immigration Documents Commonly Used by Lawfully Present Immigrants eligible for Coverage under the Affordable Care Act (ACA)

Employment Authorization Document (EAD) Application Guide for J-2 Dependents

Transcription:

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 www.greencardforphd.com Easy to use complete NIW do-it-yourself packets 1

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 www.greencardforphd.com Easy to use complete NIW do-it-yourself packets 2

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. www.greencardforphd.com Easy to use complete NIW do-it-yourself packets 3

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. www.greencardforphd.com Easy to use complete NIW do-it-yourself packets 4

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. www.greencardforphd.com Easy to use complete NIW do-it-yourself packets 5

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. www.greencardforphd.com Easy to use complete NIW do-it-yourself packets 6

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. www.greencardforphd.com Easy to use complete NIW do-it-yourself packets 7

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. www.greencardforphd.com Easy to use complete NIW do-it-yourself packets 8

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. www.greencardforphd.com Easy to use complete NIW do-it-yourself packets 9

I-485 Application Entitles the applicant to 1. Employment Authorization Document (EAD) and Obtained by applying I-765 2. 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. www.greencardforphd.com Easy to use complete NIW do-it-yourself packets 10

Resources Judging chances of success in EB2 NIW EB2-NIW application process Reference letters Understanding EB2-NIW: USCIS Requirements. PM-602-005.1: December 2010 Policy memorandum providing guiding for aliens of EB1A and EB2-NIW based on exceptional ability. www.greencardforphd.com Easy to use complete NIW do-it-yourself packets 11

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

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. www.greencardforphd.com Easy to use complete NIW do-it-yourself packets 13