To qualify as a professional association, the membership body must be comprised with “professionals,” which is defined in the regulations as an occupation for which a Bachelor’s degree is the…
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For a soccer coach to qualify for an NIW, they need to show their activities will result in large-scale impact to the progress of the industry as a whole, beyond…
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This post summarizes the updates to NIW policy in 2022-2023 and introduces some trends in how the NIW criteria are interpreted.
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You certainly can! Clients sometimes come to us and relay advice they heard from other attorneys that having a Google Scholar profile and a citation count is “mandatory” to qualify…
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Federal courts do not have jurisdiction to review USCIS’s denial of a National Interest Waiver per Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019), but they can review EB1A…
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While NIW applicants can provide more detailed explanation and evidence of their proposed endeavor after receiving an RFE, they cannot materially change their endeavor to something inconsistent to what they…
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In most successful petitions, the proposed endeavor is specific, focused, credible, and supported by objective evidence. At the same time, the project’s impact should be broad enough to make improvements…
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A 3-year bachelors degree may not be found equivalent to a US bachelors degree, which may affect the outcome of an EB-2 NIW case.
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Although publishing papers and patents can help an NIW petition, applicants can be approved without papers or patents if they can show a significant degree of influence and impact in…
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Letters of support from smaller or local levels of government, such as the City or regional, or community level, can also work in favor of a NIW petition.
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We just had a National Interest Waiver (NIW) I-140 petition approved from USCIS Nebraska Service Center about 1 month after submission with premium processing.
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We just had a National Interest Waiver (NIW) I-140 petition approved from USCIS Texas Service Center about 1 month after submission with premium processing.
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NIW and EB1A green card applicants have the ability to self-petition or may be sponsored by an employer.
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An endeavor’s substantial merit may be established without immediate or quantifiable economic impact. To also have national importance, the impact of the specific endeavor itself must be broad enough.
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It is a common misconception that pilots automatically qualify for a national interest waiver (NIW) green card because the United States has a shortage of pilots. The pilot’s project in…
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Premium processing is now available for all EB1C and EB2 NIW applicants. The fee is $2,500 and USCIS will issue a decision within 45 days of receiving a complete petition.
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Yes! A recent appeals decision confirms how the National Interest Waiver (NIW) can be a successful green card pathway for professionals in humanities fields, such as philosophy.
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For an EB1A petition the main focus is the proving applicant is a well-known famous figure in their field. For an EB2 NIW petition, the focus is the applicant’s plans…
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Projected job creation in the low-dozens may not suffice to persuade the government that an entrepreneurial endeavor is of “national importance” to be approved for NIW.
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To maximize the chances of approval of an NIW green card petition, the applicant must take care to identify and present sufficient details on how his or her specific work…
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In order to have probative value, foreign equivalency reports must explain the applicant’s courses and credit hours taken and show analysis and knowledge of the foreign education system.
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The NIW is typically sought out by scientists who lead and develop original research in topics highly important to the country, but it can also be used – with the…
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Filing an I-140 alone does not allow an applicant to stay beyond expiry of their status in the US. Filing an adjustment-of-status (I-485) before the expiry of their current status…
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It is very important to include the right level of specific examples and details about the expert, the applicant’s proposed endeavor, and applicant’s prior successful projects, and avoid conclusory or…
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We just had a National Interest Waiver approval for an innovative entrepreneur who provides a unique solution in a particular space.
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