National Interest Waiver (NIW) | A Complete Guide | VISA2US 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. and would absolutely recommend Michael to anyone looking to apply for a US Visa. In this guide, we will discuss four ways that you can self-petition to get a green card. I highly recommend them , trust them and will continue to work with them for any future immigration related matters. Ashoori Law | U.S. Immigration Lawyers 2023 All Rights Reserved. DISCLAIMER: This article is designed for general information only and is NOT legal advice. Our superior attorneys will ensure that you receive only the highest quality of service. What if I am currently in J-1 status and subject to the two-year home residence requirement? I very much endorse Ashoori Law Firm.We initially contacted a number of attorneys when searching for an E2 visa attorney, however. I, would also like to thank Jeser Romero who worked on our case closely.It doesn't matter where in the world you are located if you require services with immigration in USA Ashoori Law firm is the right place for anyone.I would highly recommend Ashoori Law firm for anyone who is looking forward to a hassle free professional legal services.Thanks Michael, We recently used Ashoori Law for our E2 Visa and their service was fantastic! The fee schedule for Green Card through NATIONAL INTEREST WAIVERS (fees are payable by personal or corporate checks) is as follows: Please note: If the application is likely to be complicated, we charge higher amounts for legal fees. You can file your immigrant petition directly which saves a tremendous amount of time. Sometimes, you may be eligible for a fee waiver based on your income or other factors. I am Joo Young Don living in Korea Finally, we have been retained by new clients (represented by someone else for the NIW) to respond to and address the issues raised in their RFE. In general, NIW recipients are professionals in technology, medicine, business, arts, sciences, or athletics. Basically, the NIW is an addition set of requirements above and beyond the EB2 requirements. He has represented clients big and small and can assist with any contract issue. By demonstrating that their work is in the national interest of the United States, applicants can self-petition for this visa category and bypass the usual labor certification process. I would like to express my sincere gratitude for all the assistance provided to me throughout the application process. The attorneys fees for an NIW petition are a flat fee of $3,900, which can be paid in either four or nine installments. If you want to be notified of a response to your comment, please provide your email address. The EB-2 NIW has a high-standard that you must meet in order to get your case approved. You should apply for the waiver as long as you think you would qualify and you have all the documents ready.
Frequently Asked Questions for EB2 NIW (National Interest Waiver) I'll readily use them for any immigrations needs in future. Securely make payment to hire your lawyer. We suggest obtaining 3 to 4 letters of recommendation. Our recruiting team will work with you to find qualified lawyers with the right expertise to support your contract workflow. Evidence of exceptional ability (if applicable), Publications, articles, books that you have authored, Evidence of prizes or awards that you have received, Evidence that you have reviewed the work of others, Published material about you/your field of endeavor, Evidence of the receipt of grants/patents, Copy of the biographic page of your passport. Premium processing provides expedited processing for Form I-129, Petition for Nonimmigrant Worker; Form I-140, Immigrant Petition for Alien Worker; and Form I-765, Application for Employment Authorization, for a fee. No longer handling any litigation, transactional matters only. Filing fees are charges set by U.S. Green Card Process Steps: EB-1, EB-2, and EB-3 Visa. If you would like us to assist you in your National Interest Waiver (NIW) Petition, our fees are as follows: Attorney Fee: Option I "Acceptable Applicants" $4,995. You must show that, on balance, it would be beneficial to the United States to waive the requirement that you have a job offer and that a U.S. company undergo the labor certification process. We have also been retained by new clients simply to prepare and file their Adjustment of Status application. Exceptional Ability, Meeting the National Interest Standard, Recent USCIS Developments on NIW Adjudication, Historical NIW Requirements and Case Analyses. On the Stilt Blog, I write about the complex topics like finance, immigration, and technology to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more. Upon receipt of an EB-2 NIW, the petitioner gains legal permanent residency in the U.S. Hi there my husband apply i130 for my sometime back and l was deniaed visa because we couldn't do it well. USCIS will monitor case receipts and premium processing upgrade requests and expand NIW premium process as its capacity allows. But what about the EB-2 green card cost? Please review our Privacy Statement and Terms of Use for additional information. Your NIW petition and letters of recommendation will not be drafted overseas. If you are reading this article, it means that you're interested in immigration options for somebody who has high skills or extraordinary abilities in their particular field. How much does it cost to draft a contract?
How to Apply for EB-2 NIW (National Interest Waiver) Green Card Practice Areas Include: Corporate law, Franchising, Litigation, real estate, corporate law, civil disputes, insurance representation, corporate counseling, dispute resolution, risk management, regulatory counsel, compliance. What is a National Interest Waiver (NIW)? I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations. Berksons work can be found in such publications as The Energy Law Journal, Human Resource Management Review and Personnel Psychology. It's important to note that these fees are subject to change, so it's always a good idea to check the USCIS website for the most up-to-date information. The national interest waiver is available under the EB-2 immigrant category. If you renew your DS-2019 you should see if the Not Subject or Subject box is checked. In order to do an adjustment of status, you must be lawfully present in the United States in a valid non-immigrant status. Having said that, the following occupations may qualify for a National Interest Waiver under the second-preference employment-based visa: Airline pilot. I have done my Bachelor in Computer Application & MBA from India. You have the option to retain us to work collaboratively with you in writing the letters; or you can retain us to write the letters for you. Disclaimer:An individual client may be charged at a higher, or lower, fee, depending on the totality of circumstances of the clients case. If you have any questions about the EB-2 NIW, please feel free to email me directly at
[email protected]. An immigration lawyer can review your background and immigration history to determine whether there may be a better option for you to get your green card. According to precedent DHANASAR case, petitioner must satisfy all 3 criteria: We will be back for any future needs. It will thus "waive" or set aside the requirements of employer sponsorship and labor certification. Again, you should speak to your university to find out its policies about OPT and STEM extensions. Your research will not be sent to a foreign country which is potentially a serious violation of Federal Law.
How to Apply for an EB-2 NIW Visa - Boundless Since starting my law firm, Ive helped hundreds of people from all over the world with their immigration needs. If you would like to contact us, please call us at (713) 771-8433 or visit us at one of our seven locations. comfortable and kept me informed throughout the entire process from beginning to end.. In this article, we give you a quick review of exactly what premium processing is, and then discuss the four major changes just enacted into law. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. He has in-depth knowledge of both business and HR practices. There is also an expedited, 15-day petition adjudication that you could get in return for an extra fee. One of these options is called the National Interest Waiver (NIW). He is a member of the American Immigration Lawyers Association. But lets start with the benefits. This means that preparing a persuasive application may take some time. Therefore, it may not conform to The NIW applicant first will need to pay $700 to file Form I-140. For this reason, it could take way longer to process this compared to an I-140 you would file under the EB-1 category. here Im very passionate, hard-working, and committed to my clients. They are very patience and helpful, plus the process is very smooth with them. She will be in touch, guiding your thru the whole process until full success. In addition, all of the documentation in support of your eligibility for a national interest waiver will also be included with the Form I-140. Justin Camper is a small business and trademark attorney, entrepreneur, public speaker, and writer. How long was a NIE valid? It depends on how motivated you are and how long it takes for your recommenders to return signed letters of recommendation. So they need to meet the EB-2 requirements first. - I earned my Ph.D. degree in Chemical Engineering from Missouri University of Science and Technology in 2017 I wish you all the best. Jesser was always there to call me or answer any of my questions. This is the initial form that must be filed with USCIS to apply for a green card under EB2 NIW. He was also the Executive Notes and Comments Editor for the Energy Law Journal, the official journal of the Energy Bar Association in Washington, D.C. The information presented in this article should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Im a firm believer that information is the key to financial freedom. Professor. Keep in mind that these fees are estimates and that fees may vary depending on the difficulty (or simplicity) and specific facts of an individual case. To be eligible for a national interest waiver, you must first qualify for the EB-2 category, by having either an advanced degree or exceptional ability. Seyfarth Synopsis: On January 12, 2023, USCIS announced the final phase of premium processing expansion for EB-1 Multinational Executive and Manager and EB-2 National Interest Waiver (NIW) Form I-140 Petitions, as well as steps to expand premium processing for certain I-765 and I-539 applications. Having personally gone through the immigration process themselves, both Attorney Thomas Arkell and Attorney Jim Arkell know how important an approval is to our clients. This is Dr. Mahmoud Moharam, I am an assistant professor in the University of Science and Technology at Zewail City (founded by Nobel Laureate Dr. Ahmed Zewail). Have been practicing real property and business law in Nevada for over 40 years. I am the CEO and attorney at my law firm that I started in June 2020 (as other businesses were shuttering due to Covid-19). Check the USCIS website for more information on fee waivers and eligibility requirements. In this guide, I will explain what you need to know about the national interest waiver. You may also look at your J-1 visa stamp to see if it states that you are subject or not. During Covid we felt very well cared for, and got all our questions answered. Securely pay to start working with the lawyer you select. Please see below for the different scenarios. If you have a STEM graduate degree or are an entrepreneur, you will want to highlight this in your petition, because the new guidance explains that these are very favorable factors in adjudicating NIW petitions. Here are the USCIS filing fees for each step of the EB2 NIW process: Filing Fee for Form I-485 (Adjustment of Status): $1,225. All relationships between business users and the independent lawyers featured on this website will be governed by the individual engagement letters provided by each lawyer. Especially Cristina Casabianca, she was very helpful and understanding of my situation and she helped so much throughout the whole process. I guarantee you will be successful!If you are looking for a great immigration lawyer - please, look no further!
EB-2 National Interest Waiver (NIW) - LinkedIn Both result in permanent residency (a green card) and are reserved for those who will contribute as future U.S. workers. It is important to consult with an immigration lawyer for the following reasons: The Form I-140 is also called the Immigrant Petition for Alien Worker. A National Interest Waiver (NIW) petition falls in the employment-based, or so-called "second-preference (EB-2)" immigration category. Berkson is a dedicated, practical, and detail-oriented attorney licensed to practice in every state court of Oklahoma and the United States Northern and Eastern District Courts. Law Firm and Attorneys have the discretion to charge a higher fee or a lower fee for your case. A national interest waiver is a method of obtaining work-based U.S. lawful permanent residence (a green card) without an employer as the sponsor, which can be used if you are engaged in work that benefits the United States economy, education system, health, or some other aspect of society. The EB2 NIW visa cost includes a $700 filing fee for the I-140 petition, which is the primary application charge. interview. Applicants whose work or research is considered to be of national interest to the United States may qualify for a National Interest Waiver (NIW). Travis lives in Norman with his wife, Haley, dogs, Walter and Poppy, and cat, Ernest. The I-140 takes about 7-8 months to get approved. This involves proving that: The documents demonstrating your qualifications for the national interest waiver should be submitted with the employer's or the applicant's I-140 petition to USCIS. This process alone can take several months to complete. Their level of professionalism and expertise is unparalleled. Premium processing became available in the NIW category starting from October 19, 2020, but USCIS didnt promise a decision for this for 45 days. With the national interest waiver, on the other hand, United States Citizenship and Immigration Services (USCIS) decides that the person's work is so important to our country that there's no need to give first priority to a U.S. worker. Therefore, the processing time could be much longer than for an I-140 filed under the EB-1 category, in which premium processing was available. On top of that, its useful if you want to be able to possibly change your job in the future without your immigration status suffering from it. While some firms brag about their volume, we firmly believe in quality over quantity. Background: On March 30, 2022, the Department of Homeland Security (DHS) published a final rule . If you follow their instructions you will have the best outcome you can achieve. Four, if USCIS approves your national interest waiver application, and you are working in the U.S. on an H-1B visa, you might be able to extend your H-1B status beyond the usual six-year limit. The NIW is self-sponsored and does not require Employer sponsorship. Employment Contract Review: Costs, What To Expect. Recognition of your achievements and significant contributions to your field by peers, governmental entities, or professional business organizations. For example, although onemight argue that teachers in general do work of substantial merit or national importance, teaching alone does not qualify one for a waiver. Processing times vary as USCIS evaluates each application and supporting evidence on a case-by-case basis. The information presented in this article is subject to change.
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