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National Interest Waiver

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My employer filed an EB2 NIW I-140 petition for me, which was approved. I have changed jobs since. Is my petition still valid? National Interest Waiver

My employer filed an EB2 NIW I-140 petition for me, which was approved. I have changed jobs since. Is my petition still valid?

If the basis of the national interest waiver was a beneficiary’s contributions to an industry which can be utilized by another employer, the petition may remain valid, even if the beneficiary changes jobs.
February 9, 2024
evidence puzzle pieces
What kind of evidence can support that an NIW applicant is “well positioned to advance the proposed endeavor? National Interest Waiver

What kind of evidence can support that an NIW applicant is “well positioned to advance the proposed endeavor?

In assessing the “well positioned” requirement, generally USCIS looks for evidence of a track record of success in the field, a plan for future activities, progress towards achieving the proposed endeavor, and interest from potential customers.
December 8, 2023
STEM
I am a recent STEM Ph.D. graduate and a junior researcher. I have no publications or citations. How can I meet the “Well Positioned” requirement for an NIW? National Interest Waiver

I am a recent STEM Ph.D. graduate and a junior researcher. I have no publications or citations. How can I meet the “Well Positioned” requirement for an NIW?

A degree in and of itself is not sufficient to meet the Well Positioned requirement for the NIW, but junior researchers can rely on alternative forms of evidence such as a letter from a government agency.
July 13, 2023
Revenue generation
Is there a minimum number of U.S. jobs created and business revenues that would guarantee NIW approval for an entrepreneur? National Interest Waiver

Is there a minimum number of U.S. jobs created and business revenues that would guarantee NIW approval for an entrepreneur?

There is no minimum number of U.S. job creation or revenue generation in the regulations or case law that the government defines as “substantial” at a level to satisfy national importance. Applicants can benefit from developing additional arguments why their…
July 7, 2023
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