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Before my original non-immigrant status expired, I filed a change-of-status petition. While this is pending, can I file a second change-of-status petition to a different category? Questions & Answers

Before my original non-immigrant status expired, I filed a change-of-status petition. While this is pending, can I file a second change-of-status petition to a different category?

It is possible to file a second change of status petition while an earlier change of status petition is pending, but in some cases denial of the first petition will result in invalidating the second petition.
July 19, 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
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I am an individual with extraordinary ability in the sciences or business. I applied for an O1A visa through an agent. I received a new employment offer after I came to the US. Can I work for this new employer under my current O1A visa? Extraordinary Ability

I am an individual with extraordinary ability in the sciences or business. I applied for an O1A visa through an agent. I received a new employment offer after I came to the US. Can I work for this new employer under my current O1A visa?

To add on work arrangements with a new employer, O1A visa holders must either have the new employer file a new O1A petition or have their agent file an amended O1A petition to add the new employer.
July 12, 2023
media article
I would like to apply for an O1A visa. Can I submit media articles reporting on the achievements of a team I was a part of, but my name is not mentioned? Extraordinary Ability

I would like to apply for an O1A visa. Can I submit media articles reporting on the achievements of a team I was a part of, but my name is not mentioned?

Applicants may submit media articles primarily discussing work done by a team in which the applicant is a member, as long as the applicant submits other evidence on the record documenting the applicant’s significant role in that project.
July 10, 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
A group of professionals gathered
How can I prove that my work will impact my field more broadly to support national importance for an NIW petition? National Interest Waiver

How can I prove that my work will impact my field more broadly to support national importance for an NIW petition?

To support national importance for NIW, the applicant can focus on their innovative approach or technology that is different and better than the conventional approach in their field. Innovation can impact the field as a whole, and therefore the benefits…
July 6, 2023
expert letters
What is the difference between expert letters for O1 or EB1A petitions compared to NIW petitions? Can I re-use the same letters I used for a different category petition? National Interest Waiver

What is the difference between expert letters for O1 or EB1A petitions compared to NIW petitions? Can I re-use the same letters I used for a different category petition?

This post summarizes the nuances of how expert letters play different roles in O1, EB1, and NIW petitions and how they are prepared differently.
June 30, 2023
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The role of publications in NIW cases: How to use your published works to demonstrate your unique contributions and impact in your field National Interest Waiver

The role of publications in NIW cases: How to use your published works to demonstrate your unique contributions and impact in your field

Publications can be used to demonstrate the applicant’s expertise, highlight the applicant’s contributions, and showcase the influence the applicant’s work has had on the field and indicate their future work will be just as influential, which is key to an…
June 29, 2023
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