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O1 to eb2 niw

By | 13.10.2020

Skip to main content. You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager.

Each occupational category has certain requirements that must be met:. You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. You must demonstrate international recognition for your outstanding achievements in a particular academic field.

You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer. The private employer must show documented accomplishments and that it employs at least 3 full-time researchers. No labor certification is required.

You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.

The U. Your petitioning employer must be a U. The petitioner must have been doing business in the U. In order to demonstrate you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement major internationally-recognized award or 3 of the 10 listed criteria below or comparable evidence if any of the criteria do not readily apply :.

In order to demonstrate you are an outstanding professor or researcher, you must include evidence of 2 of the 6 listed criteria below or comparable evidence if any of the criteria do not readily apply :. Share This Page.

EB2 National Interest Waiver

Temporary Workers. Permanent Workers. Students and Exchange Visitors. Temporary Visitors for Business. Information for Employers and Employees. No offer of employment or labor certification is required.March 31, March 2, January 29, November 20, November 19, November 13, Dyer Harris LLP.

Transitioning to a Green Card is the right move for many people on O-1 Visas. Many clients tell us that the 3-year O-1 Visa term goes quickly. The elation of that first approval is replaced soon enough by a sense of constant dread.

Renewals impinge on your life, your funds and your career, while making travel complicated. Many clients feel insecure at their core, having to renew every 3 years, and, especially in these times, wonder what the future holds for them in the US.

In some cases, the O-1 Visa presents concrete career limitations which a Green Card will remove. For example, actors are often barred from great roles because casting directors want to see a Green Card. The burdensome mechanics of international travel on an O-1 Visa can also be the reason to move to a Green Card. For citizens of countries like Brazil, China and Mexico, which have limiting Reciprocity Agreements with the US, the process is often unbearably frustrating and time-consuming.

For these reasons, many clients who have been approved for an O-1 ask about the viability and timing of a Green Card application. Green Card status means more than just freedom from O-1 renewals every three years: Green Card status means that you are entitled to most of the benefits and rights of US Citizens, except for the right to vote and serve on juries.

Obtaining a Green Card through the National Interest Waiver (NIW)

These benefits relate to many aspects of life in the United States such as education, home financing, and employment. Green Card holders are normally eligible for Citizenship in the United States after about five years. Citizenship means you have all of the rights of US citizens who were born in the US. You can vote and if you are arrested and convicted of a crime, you are not subject to deportation.

What is the best way to get a Green Card? There are several different routes to a Green Card—and which is best for you depends entirely on your career achievements, your employment picture and your family connections within the United States. The selection of the best approach for you is a detailed decision that should be made with the assistance of an attorney truly experienced in this precise area, who is able to take the time to understand your situation, your record of accomplishments and your employment prospects.

It does require, however, the submission of a detailed evidentiary record of your achievements in your field and evidence that your work will be a benefit to the United States in the future.

We encourage clients to transition to a Green Card when their career is at its peak. The Adjudicators of the USCIS are always interested in how you will contribute to your field and to the United States in the future, so it is important to strike when your record is its most compelling.

This means two things:. First, you want to apply with a full arsenal of impressive achievements and recognition. The discussion below explains the major eligibility requirements applicable to an EB Alien of Extraordinary Ability Green Card filing. If you have had a great success, it may a good time to make the switch to a Green Card while your press and awards are still fresh and when the issues that your work addresses are still meaningful. If you were a Spice Girl, back in the 90s, and have not done anything since, the Adjudicators of the US Immigration Service may not be impressed by your Petition in Currently I am on F1 working as a research assistant.

These days I am searching for postdoc opportunities. As I am still on F1 status, how about the possibility of making my case successful. Please advise me. Do you have heard of similar successful cases? However you should be aware that after the GC application, you may not be able to renew your F1 status or obtain F1 visa if needed in May of If you have a nationality from India or China then it may not be possible to apply for I before May of due to priority dates.

Thanks a lot for the information. Does it make any difference, I meant approval time if I apply for I after I? Concurrent filing may gain some time, probably not much. Q2: Is it possible to apply for I just after approving I? Or do I have to wait for some time? Currently there is no wait for your Nationality.

My I get rejected does it influence my OPT? You can go on to a H4 visa. F2 may not be possible because you should have non-immigrant intent, which is in contradiction with your application.

How to organize National Interest Waiver (EB2 NIW) petition

If my I is approved will I be always be approved. From our experience I is generally approved. If it is rejected it could be for reasons like s tatus violation, fraud, misrepresentation etc. Finally I would like to visit my country in fall for about one month vacation. Along with I application, you can apply and obtain advance parole which will allow you to travel abroad.But, there is an instance where it can be self-sponsored. Details are listed below.

Here is an overview of what happens in the workplace before the green card process begins. Following screenshots show where to look for the Processing Times. But, Jan has 31 days. This article explain only the steps, but not the potential problems or mistakes you should avoid. Majority of applicants begin to learn the process only when their EMployer plans to apply for Green Card. After I is approved, H-1B employee will be able to extend the H1B for 3 years period beyond the initial 6 years.

I application can be made via Regular or Premium Processing. After I is approved, the waiting game begins. For applicants from India, China the wait times span multiple years. Why is that important?

o1 to eb2 niw

An employee can switch jobs after I is approved without losing their Priority Date in the process of transferring to a new position. Green Card applicants with approved I with Employer A can switch to a new employer without losing their Priority Date in the process of transferring to a new job. There is a certain number of Green card applications made available per year per category per country. If the priority date moves back from after you file for I, then visa numbers will not be available.

You would have to wait till visa numbers available to get Green Card. Yes, an employer can apply for Green Card without H1B or L visa, but most likely they would not do that if you are from a country where the backlogs are enormous.

The employer can start your Green Process while on F1 Visa. You can have this discussion with your employer about this.

Recent EB1A/EB1B/National Interest Waiver/O1 Approved Cases

This article explain only the steps, but not the potential problems or mistakes you should avoid are described with examples. Majority of applicants begin to learn the process only when their employer plans to apply for Green Card. Is it advisable to bank on EB1-C in my scenario? If my is filed before Febcan I stay back? Hi Raghuram, Very nice information you have given.

But I have got it for period until April Because I think I need to be in managerial position for about a yr. So will Apr to Sep be also counted as my managerial position? I just received a notice from DOL that my application has been certified, so the next step is I Check the Visa Bulletin, if PD is current, you can file concurrently.

Once GC is approved. I am doing my second masters. I applied H1B but had no luck. So, can i apply for Green card? Very informative article. I, however, have question on EAD processing of H4 visa holders. My spouse has the H1 Visa and has I approved. I have H4 visa and currently in Canada. My H1 Visa is already maxed out. If not what is the minimum period which I need to stay in USA?We would like to share all useful information which we have learned when going through this process and help other people to prepare their self petition even without a lawyer.

You will receive an email with download link immediately after the purchase. If not please check your spam folder. Advantages of National Interest Waiver category possible without permanent job offer from U.

We collected records about successful NIW cases to give an idea about sufficient credentials of applicants. More in credentials and cases. Read how to demonstrate these prongs in our detailed blog posts about NIW requirements.

We published samples of NIW reference and cover letter as well as tips how to build successful petition, what evidence to include in EB2 NIW petition and how to avoid common mistakes. Read more in category NIW petition. We have considered to file both steps concurrently and reap the benefits of faster process. Finally we filed both stages separately. In case I is denied we would save thousands of dollars paid for second stage I EB2 NIW application procedure is described in green card process category.

Want our complete and successful NIW application? Get it here!Generally, application of second preference of employment-based immigrant visa requires a specific job offer and labor certification process PERM.

For an ordinary EB2 case, a U. The foreign national is called the "beneficiary". The petition needs to establish the qualifications of the foreign national an individual with advanced degree or exceptional ability.

The petition not only needs to establish the foreign national's qualifications under EB2, but also demonstrate that the qualifications satisfy the National Interest Waiver requirements three-prong test in the Matter of Dhanasar decision. Generally, it is more difficult to obtain immigration benefit under EB2 NIW National Interest Waiver than the ordinary EB2 because of the additional requirements for "national interest".

The National Interest Waiver waives the labor certification process and the necessity of having an offer of employment. To do so, you would have to provide evidence that you meet at least three of the criteria listed below:. Advanced degree for the purpose of EB-2 visa is a United States advanced degree degrees above a bachelors or a foreign equivalent degree. If the foreign national has only received a United States baccalaureate degree or a foreign equivalent degree, the experience of at least five years of progressive, post-baccalaureate experience in the specialty plus the bachelor's degree will be sufficient for the advanced degree requirement.

Otherwise, the foreign national needs to show "exceptional ability. The other group in the second employment-based preference includes foreign nationals with exceptional ability in the sciences, arts, or business. Athletes may be considered aliens of exceptional abilities in the arts for purposes of qualifying in the second employment-based preference. However, the law does indicate that the foreign national must have a degree of expertise above that ordinarily encountered in his or her field.

In order to establish exceptional ability in the sciences, arts, or business, a petitioner must document at least three of the following:.

The USCIS has indicated that it will consider comparable evidence that is appropriate to the foreign national's application in the event the foreign national cannot provide the type of evidence listed above. A foreign medical degree may qualify as the equivalent of a U. The foreign national must establish that he or she:. EB2 NIW waives the labor certification. The burden will rest with the foreign national to establish that exemption from or waiver of a job offer will be in the national interest.

Each case will be adjudicated on its own merits. If a beneficiary is qualified, the chance of success depends largely on the way the case is presented. If the evidence is relevant and well presented, and the argument is made persuasively, there is a good chance of case approval.

But each case approval is up to the immigration officer's discretion and not all officers adjudicate cases in the same way. North America Immigration Law Group has maintained a high approval rate for this category. In the precedent case Matter of Dhanasarthe AAO stated that endeavor's merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education.

Evidence to establish that the beneficiary's proposed endeavor has substantial merit consists of, but is not limited to, the following:.I want to provide a complete how-to guide which would be easy to follow for you. I will go through the official recommendation from USCIS and then add some photos with practical tips how we put this huge bunch of papers together in a nice and clear form. A suggested format is:. USCIS issued also general tips on assembling applications and here are appropriate parts which might be valuable for you:.

USCIS further recommends — in preparing your packet, please take note of the following:. Here is how we organized and assembled our NIW packet.

As you can see, the whole floor in my room was covered by several hundreds of papers. For that reason I grouped the evidence into 27 main groups and each group contained several closely related evidence. For example group of education related documents included academic degrees, evaluation reports, university rankings etc. I created cover page for every single evidence and document.

o1 to eb2 niw

This initial page showed clearly basic information about the evidence, type of submitted petition and name of the applicant. I included also a small label on the right bottom of the cover page. Imagine yourself going quickly through the bulky petition. You would need to carefully turn around page after page to see what is written in the middle of each page. But what if this information is also in the right bottom corner?

o1 to eb2 niw

I believe this can help the officer tremendously to save time and orientate better in the NIW package. I needed to create tabs at the bottom of each main group of evidence.

o1 to eb2 niw

My personal opinion is that there should not be more than 30 tabs there to keep it nice and clear. At first, I printed the colored numbers on the card stock paper. The width of each tab is chosen that all 27 tabs fit the whole width of the page bottom as shown in the following picture. Here is the final result — bulk package of papers compared to AA battery yes, it was huge! NIW petition was sent to the appropriate address and that was it. Then just waited until my receipt number arrived and checked my case status online.

And what is you experience? How did you organize your petition? Please let us know in comments below. Thank you!


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