EB2 NIW Questions and Answers, EB2 National Interest Waiver (NIW) Questions and Answers (2023)

Q: What is the definition of national interest waiver?

A: A National Interest Waiver, or NIW, is an employment-based petition. It is so named because it seeks to waive the otherwise required requirement to certify work "in the US national interest." Therefore, the beneficiary of a successful national interest exemption petition is exempt from the requirement that his or her employer first obtain an employment certificate from the US Department of Labor.

A person may qualify for a waiver of the labor certification or job offer requirements if he can demonstrate that his work will be in the national interest of the United States. This fee is popularly called the national interest waiver. The burden of proof in NationalInterestWaiver cases rests solely with the petitioner.

1) Members of professions who have higher degrees or their equivalent, i

2) Individuals who are expected to be of significant benefit to the national economy, cultural or educational interests, or welfare of the United States, and whose services are sought by employers in the United States, because of their exceptional ability in the sciences, arts, or business.

Q: Who can qualify for a 'national interest waiver'?

A: A person qualifies for this benefit if they fall into this second preferred employment category, that is, a person in a profession who either has a higher degree or is considered to possess exceptional ability in science, business or the arts.

Although USCIS has not established specific criteria for granting national interest waiver petitions, many examiners rely on the decision in a case decided many years ago. In that case,USCIS Administrative AppealsOffice (AAO)suggested that the following seven factors could be considered:

1. improving theU.S. Economy;
2. improvement of wages and working conditions of American workers;
3. improving education and training programs for American children and underskilled workers;
4. improvement of health care;
5. providing more affordable housing for young and/or older, poorer Americans. residents;
6. improving the US environment and more productive use of natural resources;
7. the request of an interested US government agency or the improvement of international cultural understanding

Q: What is the Dhanasar question for NIW petition criteria?

A: Although neither the statute nor the corresponding regulations define the term "national interest," USCIS has established a framework for making decisions on national interest waiver requests. After a petitioner has determined that it is eligible for EB-2 classification, USCIS may, in its discretion, grant a national interest waiver if the petitioner demonstrates:

Q: What 3-prong standard does USCIS use to determine an EB2 national interest waiver inQuestion of Dhanasar?

Q: What fields have the greatest chance of success for NIW?

A: There is no such thing as "best chance". It all depends on the individual case. EB2 National interest exemptions are granted to mathematicians, physics researchers, environmental scientists, artists, civil engineers, geologists, physicians, agricultural economists, music composers, business professionals, electrical engineers, programmers/analysts, semiconductor engineers, biomedical engineers, environmental geologists, transportation engineers, chemical researchers, nutritionists, cancer research assistants, biomedical researchers, medical physicists, medical laboratory assistants, dance instructors, etc.

Although USCIS states that it will be flexible in determining who qualifies for a national interest waiver, it sometimes uses stricter standards when deciding cases filed for people in business and the arts than for people in science and engineering.

Q: What is the most important part of the EB2 National Interest Waiver Petition?

A: Without a doubt, advocacy is the single most important part of a national interest waiver petition. In this case, advocacy means the way in which the law and facts are argued in support of the petition. A very large number of meritorious cases are denied due to poor advocacy, and a very large number of marginal cases are approved due to good advocacy.

Since USCIS has not created any checklists (as in the case of EB1 Extraordinary Ability and EB1 Outstanding Researchers or Professors), the USCIS examiner must be satisfied that the case has merit. If the argument is too long and boring, the examiner will lose interest before he gets the point of the case. If the argument is too short and unconvincing, the examiner will not be convinced. A successful case strikes the right balance between sufficient detail and argument to establish admissibility, without unnecessarily repeating or including irrelevant facts or arguments. More than any other type of case, EB2 national interest waiver claims are won or lost based on the strength of the arguments presented.

Q. What kind of work can be considered a national interest? Does it have to be research?

A: In order for your work to be considered in the US national interest, the key question is how to gather evidence to prove that your work is in the national interest. It doesn't have to be research, it can be technological development or management. It is generally understood, however, that scientific research and technological development keep the American economy strong.

Q: What is the difference between the EB2 national interest waiver and the EB-1?

A: While there are many similarities between an alien who qualifies for an EB2 National Interest Waiver petition and an EB1A or EB1B petition, the qualifications for each of the different petitions are actually different. In an NIW petition, the alien first seeks to demonstrate that he or she is a highly qualified individual in a specific field and also claims that he or she has the ability to contribute to the US. of national interest to a greater extent than other highly qualified individuals in the field, thus warranting a waiver of the standard job offer and labor certification requirements.

In contrast, a person who qualifies under the EB-1 category must demonstrate that he or she is an outstanding or outstanding individual in a field. According to the U.S. immigration law, a superior or extraordinary individual does not need to obtain a work certificate to obtain employment-based permanent residence.

Q: Between NIW and EB-1, which petition is recommended? What form do I need to submit to request a state interest exemption?

A: You should always keep in mind that filing an EB2 National Interest Waiver and EB-1 petition at the same time is an option. If your case is clearly strong, your chances of success are higher if you apply for EB1-Extraordinary ability. However, if your case does not stand out as a successful EB1-Extraordinary Ability case, an NIW petition would be the most reasonable approach.

The NIW petition consists of Form I-140 - Immigrant Worker Petition. There are no other specified materials required under USCIS regulations for an NIW petition. The rest of the petition will depend on whether the user is an "advanced degree professional" and an "extraordinary alien." In addition, the petitioner must demonstrate that the work to be performed by the beneficiary will advance the national interest of the United States.

Q: Why is the EB2 National InterestWaiver petition an attractive immigration category?

A: For many foreign nationals,EB2 Waiver of national interestis an attractive immigration category because it also allows self-petition without the sponsorship of an American employer and even a job offer. A NIW petition does not require the sponsorship of a US employer, so the foreign immigrant can file an EB2 NIW petition with USCIS on their own.

Evidence must be submitted to support the claim on FormI-140EB2 National Interest Exemption.Unlike the EB1 Extraordinary Professor or Researcher petition, in which the alien applicant must demonstrate that the alien is internationally recognized as outstanding in an academic field, or the EB1 Extraordinary Ability petition, in which the alien applicant must have "sustained national or international recognition in the field of endeavor",the NIW applicant must only be in a field of significant merit of its own, and the applicant's work should benefit the US. national interest.

Q: Do you think the EB2 National InterestWaiverpetition is easier than the EB1 Extraordinary Ability petition?

A: The requirements for the EB1 Extraordinary Ability and the EB2 National Interest Waiverpetition are different. Therefore, the application documents and their preparation differ significantly between these two immigrant visa categories. But for both EB-1A and EB2 National Interest Waiverpetitions, an alien can self-petition without needing a US employer as a sponsor.

Oba EB1 Aliens with Extraordinary Abilitypetition and EB2 NationalInterest Waiverpetition do not require a job offer from a US employer. Therefore, both petitions can be filed alone without a US employer as a sponsor. To apply for an EB-1A alien with exceptional ability, the alien applicant must demonstrate that he or she has "extraordinary ability" in a specific field, which usually requires greater accomplishments and abilities in the field than the "exceptional ability" required for the EB2 National Petition for the waiver of interest. The regulatory requirements for an NIW petition are lower than those for an EB-1A petition.

Also, for EB1 outstanding ability applicants, applicants must demonstrate a major internationally recognized award or documentation from at least three of the ten criteria. But for the EB2 NationalInterest Waiverpetition, foreign applicants must demonstrate that they are in an area of ​​substantial merit of their own, and the applicant's work should benefit the US. national interest.

Q: What is the actual difference between NIW and EB1-A (Extraordinary Ability Alien) applications?

A: The regulatory requirements in EB2 National Interest Waiver (NIW) and EB1 Extraordinary Ability (EB-1A) are quite different, and therefore application preparation differs significantly between NIW and EB-1A applications. For example, a successful NIW application does not require the applicant to"climbed to the very top of the field,"as required by the EB1 application for extraordinary ability.

Also, it is possible for some foreign applicants to file two petitions such as NIW and EB-1A at the same time. There is nothing in the law that prohibits multiple submissions of immigrant visas. In fact, multiple applications can increase the chances of an immigrant visa being approved.

Once USCIS approves the Form I-140, there is no major difference between the EB2 National Interest Exceptional Ability Classification and the EB1 FormI-485 application for subsequent adjustment of status.

Q: What is the main difference between an EB2 National Interest Waiver petition and an EB1 Associate Professor and Researcher petition?

A: The EB2 National Interest Waiver competition does not require a job offer, but EB1 Petition for Distinguished Professors and Researchersrequires a job offer. Therefore, the EB1 Associate Professor and Researcher competition cannot be applied for alone without a US employer as a sponsor. Therefore, EB1 OutstandingProfessors and Researchers petitions must be accompanied by a job offer from a US employer.

Q: What supporting documentation must be submitted to prove the national interest?

A: Most successful petitions are documented by:

• Evidence such as a letter from an interested US government agency;
• Evidence showing that the alien's work is funded by the US Government; and/or
• Letters from eminent scientists/professors in the field confirming the importance of the research.

Cases involving health-related research, defense-related research, or energy-related research have the highest success rates.

Q. What is a letter of recommendation? How many letters of recommendation are enough to prove that I meet the requirements for the State Interest Exemption?

A: A letter of recommendation or recommendation letter is a letter written by an expert in a foreign field or some otherwise authoritative person in a related or supported field. The letter discusses the capabilities and achievements of the alienseekingan EB2 National Interest Waiver. Letters of recommendation are an important part of the NIW petition.

Of course, the more letters of recommendation you have, the stronger the evidence you can present. The quality of your letters of recommendation also counts. You should ask someone with certain credentials to write you a recommendation. These credentials include university professors, job supervisors with some educational background or advanced degrees, high-ranking government officials, and scientists or engineers with Ph.D.s. Generally, three or four strong letters of recommendation would be sufficient to present the case. Remember, a letter of recommendation is not the only piece of evidence that proves your work is in the national interest.

Q: Can letters of recommendation included in an EB-1 petition be used for an EB2 National Interest Waiver petition? If I filed EB-1, when is my priority date?

A: Letters of recommendation included in an EB-1 petition should not be used for an EB2 national interest waiver petition. EB-1 letters of recommendation will not be effective for an NIW petition, as EB-1 and NIW have different criteria.

If you filed an NIW petition, your priority date is the date USCIS receives your NIW petition.

Q: Who should apply for a state interest waiver? If I have a choice between applying for NIW and applying for Associate Professor/Researcher, which application should I choose?

A: An EB2 National Interest Waiver may be filed by the alien, his/her employer, or anyone acting as the alien's representative.

If you meet both the EB2 NationalInterest Waiver and EB1 Outstanding Professor/Researcherpetition criteria, we generally recommend that you file an NIW petition if you do not wish to be tied to any particular employer and which you can file on your own behalf.

However, an Associate Professor/Researcher petition requires a job offer from an employer. Additionally, changing employers while your application is pending may terminate your Associate Professor/Researcher application. Your particular situation may differ depending on your specific facts and circumstances.

Q: What are the general requirements for anNIW application?

A: For an NIW application, the foreign applicant's work should be in an area of ​​significant intrinsic merit, and the applicant's work should benefit the national interest. Also, the applicant should demonstrate that the national interest would be adversely affected if a work permit were required. The application should also demonstrate that the beneficiary's work has had a significant impact on his or her field of study.

The application documents should explain what the applicant did above and beyond performing the routine. The candidate should also have significant influence in the field, and differentiate himself from his colleagues who performed similar work.

Q: I am a researcher and have several published papers. How do I provide citations in my EB2National Interest Waiver application?

A: In order for USCIS to determine the number of citations you received, you should clarify the number of citations you received related to your work, such as:

1) how many total quotes did you receive?

2) of these citations, how many citations were for articles of which you are the first author?

3) how many independent citations were there, and how many did you quote yourself?

You should also explain how you have made a significant impact in your field. As a researcher, you should provide evidence to prove that you have not only conducted research within your field, but that you have made some important discoveries.

Q: To apply for a national interest waiver, how do I prove that my work has "significant intrinsic value"?

A: To apply for a national interest exemption, you should establish that your proposed employment has significant intrinsic merit. The evidence should show that your proposed employment has significant intrinsic merit. Your evidence can show that your area of ​​activity can:

• It benefits the American economy;
• Improve the wages and working conditions of American workers;
• Improve education;
• Provide more affordable housing;
• Improve the US environment;
• Use natural resources more productively, or
• To serve the interests of a United States government agency;

Q: For my national interest waiver application, how could I "demonstrate that the national interest would be adversely affected if labor certification were required"?

A: To apply for a national interest waiver, you should establish that the national interest would not be served if you were required to obtain a work certificate for the proposed employment. You should submit any evidence demonstrating that the national interest would be affected if you were required to go through the workforce certification process. You should show that it would be against the national interest to potentially deprive the prospective employer of your services by making the position available to US workers.

Therefore, you can submit evidence to establish that your past justifies projections of further benefit to the nation. Your evidence should show that you have made an impact in the field by acquiring the necessary knowledge or exceptional skills. You should establish that you have a track record of certain previous accomplishments with a certain degree of impact on the entire field.

Q: For my EB2 National Interest Waiver application, how do I determine that "your proposed employment is nationally involved"?

A: For an NIW application, you should establish that your proposed employment is national in scope. The evidence submitted should show that your work will bring benefits to the United States and that the benefits are national in scope, and you should provide evidence that your contributions will have benefits at the international level. You should also establish that your ability to serve that national interest is significantly greater than most others in the field. For example, you can submit:

• copies of your patents and copyrights;
• grant proposals;
• peer-reviewed articles;
• performance evaluation for the last five to ten years;
• work that has been evaluated in independent journals; and
• awards for work in the field.

All awards for work in the field must be accompanied by a statement from the awarding institution stating the number of awards awarded, the frequency of awards, the criteria for awarding the award, and the number of individuals who may compete for the award.

Q: What type of job offer is required? What if I change jobs while my EB2National Interest Waiverpetition is pending?

A: Technically, no job offer is required for an EB2 National Interest Waiver Petition. For this reason, potential immigrants can self-apply. The way the statute is drafted, the job offer is waived. Since the job offer is waived, the requirement for an individual work certificate is also waived. Realistically, however, a person seeking NIW must offer convincing evidence that he or she will be engaged in work that will benefit the national interest of the United States. The easiest way to do this is with a specific job offer, which clearly describes the work to be performed.

If you change jobs while your NIW petition is pending, it will not affect the status of your case. The EB2National Interest Waiver can be petitioned and does not require a job offer. Therefore, you can change your employment and it will have no effect on your case, as long as you stay within your area of ​​expertise.

Q. I am employed by a company full-time. I like to apply for immigration. What type of document does my company need to submit? Also, if I have a work certificate application pending, can I also apply for NIW?

A: Your company should provide a job offer letter stating your job type, job title and compensation rate. Generally, if your company has fewer than 100 employees in total, a company earnings statement may also be required.

If you have a pending work certificate application, you can also apply for NIW. The labor certification process is handled by the US Department of Labor, while USCIS processes NIW petitions. If your work certificate is ultimately rejected, then you still have a chance to get NIW approval. Either way, you should file a Form I-1485 adjustment of status application.

Q: If I have been denied work certification, can I still apply for an EB2 National Interest Waiver?

A: Yes, assuming you would otherwise qualify for an EB2 national interest waiver. The standards for EB2 NationalInterest Waiverpetition and Labor Certification are very different. LaborCertification is based on the lack of available workers in the US with minimum qualifications for a particular job. In contrast, NIW is based on proving that the alien's work is in the US national interest and that his/her accomplishments are exceptional, which places the alien in the priority worker category, bypassing the need for a work certificate.

Q. What type of degree is required to apply for a national interest exemption? Will a person with only a B.S. degree qualify?

A: The law requires a foreigner to have

1) American advanced degree or equivalent foreign degree, or

2) official academic records showing that the alien has a US baccalaureate degree or an equivalent foreign degree and letters from current or former employers showing that the alien has at least 5 years of post-baccalaureate progressive experience in the specialty.

Q: Does the applicant have to have a PhD and a job offer to apply for PR (Permanent Residence)? Can I file both an EB1 ExtraordinaryAbility and a NIW petition at the same time?

A: You do not need to have a doctorate or a job offer to apply for permanent residence in the US, and you can apply under either the EB2 National Interest Waiver or the EB1 Extraordinary Ability, even while you are still in a degree program. There are many successful cases of PhD students who got their green cards in the NIW category.

You can file both an EB1 Extraordinary Ability and an EB2 National Interest Waiverpetition at the same time. Many of our clients choose to file both petitions at the same time. Often one petition will be approved before the other. In addition, if one petition is denied for some reason, there is still a possibility that another petition may be granted.

Q: I am a PhD candidate, can I apply for the U.S. Green card under the national interest? How many publications are enough to meet the NIW requirements?

A: To apply for a national interest exemption, the law only requires an advanced degree or bachelor's degree plus five years of work experience as the basic qualification. The important part is to show that your work benefits this country. Since the law does not exclude doctoral students, it is certain that such candidates can apply if they meet the requirements.

There is no specific minimum disclosure requirement for an EB2 national interest waiver application; rather, it is determined by USCIS on a case-by-case basis.

Q: What is the advantage of applying for NIW over EB1 Associate Researcher or Professor? If I am not a member of any professional association or society in my area, can I still apply for NIW?

A: The biggest advantage is that the EB2 National Interest Waiver application does not require a permanent job offer and employer sponsorship, while the EB1 Outstanding Researcher or Professor application requires both a permanent job offer and employer sponsorship.

If you are not a member of any professional association or society in your area, you can still apply for NIW. There is no specific requirement that you be a member of any professional association, organization, or society in order to file or obtain approval of an EB2 National Interest Waiver petition, although in many cases such membership would help improve the odds of approval.

Q: Can I apply for EB1 Extraordinary Ability and EB2 National Interest Waiver at the same time?

A: There are rules in the law that prohibit multiple applications for an immigrant visa. It is possible to file an EB1 Extraordinary Ability petition and an EB2 National Interest Waiverpetition at the same time, or to file an EB-1B and NIW petition at the same time. Many aliens file two Form I-140 petitions simultaneously in EB-1A and NIW (or EB-1B and NIW) to increase their chances of approval.

To file EB1-A and NIW simultaneously, you can file them yourself or you can ask your sponsoring employer to file a separate Form I-140 petition for EB-1A and NIW, with the required application fee and supporting documents for each immigrant visa category. Also, the applicant should be careful not to check multiple categories on a single Form I-140.

Q: Maybe I don't qualify for EB1 Alien of Extraordinary Ability or EB1 Outstanding Researcher/Professor? Can I file an EB2 National Interest Waiverpetition

A: If you believe that you may not qualify for an EB1 Alien of Extraordinary Ability or EB1 for an Outstanding Researcher or Professor, but wish to file your immigrant visa application under the EB2 category, you may consider the EB2 National Interest Waiver (NIW).

For many foreign nationals, EB1 Extraordinary Ability and EB1OutstandingResearcher or Professor are attractive immigration categories, because immigrant visas are current for everyone in the EB1 categories, and EB-1A also allows self-petition without the sponsorship of a US employer or even a job offer. However, the EB1 Extraordinary Ability category has a higher standard that requires aliens to "rise to the very top of the field," and the EB1 Extraordinary Researcher or Professor requires a "permanent" offer of research or teaching employment from a US employer.

For many foreign applicants, as well as for people whose academic achievements are not quite sufficient for EB-1 applications, the EB2 National Interest Waiver category is a good choice. The regulatory standards for the EB2 national interest waiver request are slightly lower than the EB-1A and EB-1B standards and require only "exceptional ability" for NIW.

Q: How should I organize evidence with an EB2 National Interest Waiver application?

A: Follow the tips below to organize your evidence with an EB2 National Interest Waiver application:

1) Submit all necessary documentation and evidence with the application on Form I-140. A petitioner should be aware that USCIS adjudicators may deny Form I-140 requests even without issuing a Notice of Request for Evidence (RFE), if the required evidence described in the instructions and regulations is not first submitted.

2) All documents in a foreign language should be submitted with an appropriate English translation. The English translation must be certified by a translator who is competent to translate and must certify in writing that "the translation is true and accurate to the best of the translator's ability." It is useful if the English translation is stapled to the foreign language document.

3) If you submit publications or citations of a foreign user, highlight the name of the foreign user in the articles. It is not necessary to send USCIS a full copy of the foreign beneficiary's dissertation, thesis, research paper, or work cited. Include only the title page and the section that cites the alien's work.

4) Mark and mark the exhibits and list the exhibits. An exhibit offered to meet multiple eligibility criteria should be so identified on the exhibit list.

Q: What is USCIS's "two-part evaluation approach" for a national interest waiver request?

A: USCIS's two-part evaluation approach applies to an EB2 national interest waiver application. The evidence provided in the NIW regulations is only for guidance to the petitioner. Finally, the evidence submitted should establish that "the proposed fee will be national in scope", i "the national interest would be adversely affected if a work certificate were required."

USCIS judges will useA two-part evaluationthe process for evaluating the evidence submitted with an EB2 national interest waiver request. First, USCIS judges will evaluate the evidence submitted to determine which evidence meets the regulatory criteria, by a preponderance of the evidence. Second, the USCIS adjudicators will jointly evaluate the evidence submitted, to make a final determination of merit regarding the overall applications for the EB2 NationalInterest Waiver immigrant visa category.

Q: What is the "Evidence Requirement" for a national interest waiver request?

A: The burden of approving a NIW petition rests with the petitioner. The petitioner should provide substantial evidence in support of the EB2 petition for a national interest waiver. If the alien applicant qualifies, then success depends largely on how the application is presented to USCIS.

But simply presenting evidence that meets the EB2 NationalInterest Waiver criteria does not necessarily mean that the immigrant visa application should be approved, as the USCIS Judge must evaluate the evidence submitted. If the USCIS Judge determines that the evidence does not meet the standard for EB2 NationalInterest Waiver classification, additional evidence may be requested by USCIS or Request for Evidence (RFE).

Q: What are the Matter of Dhanasar and Matter of NYSDOT issued by USCIS' Administrative Appeals Office (AAO) for NIW petitions?

If these three elements are satisfied, USCIS may grant a national interest waiver as a matter of discretion.

Q: What is the underlying case of Matter of Dhanasar?

Q: Why did USCIS rescind the 1998 NYSDOT criteria and enable the 2016 Matter of Dhanasar criteria?

Q: What is the matter of Dhanasar's first attempt to show "substantial merit and national importance"?

A: For the case of Dhanasara Matter, in connection with the first prong of pointing"considerable merits and national significance",The USCIS Administrative Appeals Office (AAO) noted that the merits of a beneficiary alien may be demonstrated in the fields of business, entrepreneurship, science, technology, health, culture, or education.

He ruled that the petitioner is not required to show that the alien user has the potential to create a significant impact, as he acknowledged that pure science and research may not translate into economic benefits for the United States.

In considering whether a proposed undertaking has national significance, the AAO focused on the potential impact. It is clearly stated that this impact is not only assessed geographically, but on a wider scale.

Q: What about Dhanasar's second step "the foreign national is in a good position to advance the proposed venture"?

Q: What is the point of Dhanasar's third step to show "overall, it would be beneficial for the United States to waive the job offer requirement and thus the work certificate"?

Q: How do I meet the requirements of Matter of Dhanasar's third step for an NIW petition?

This is where excellent advocacy skills will continue to play a key role in getting an EB2 national interest exemption petition approved.

As always, the NIW immigration category is an opportunity for creativity in showcasing the talents of a foreign national.

Q: I want to apply for a US green card with an EB2 National Interest Waiver (NIW) petition, can you help me?

A: To help you get a US green card easily and quickly, we offer high quality and proven The Complete Do-It-Yourself Package for the EB2 National Interest Waiver Application,based on our extensive and practical experience in immigration employment.

As an added value in the Complete EB2 NationalInterest Waiver Application Do-It-Yourself Package, we provide comprehensive instructions on the U.S. immigration applications and processing, and we also provide you with methods on how to prepare an EB2 National Interest Waiver application, how to gather evidence, how to demonstrate your accomplishments, how to prove your exceptional ability, and how to write an application cover letter and reference letters.

We also provide step-by-step National Interest Waiver application procedures, various application strategies, detailed sample cover letter, detailed sample reference letter in various formats and academic fields, sample filled-out forms, complete application checklist, forms required to apply and more.

Q: How do I submit evidence to make a strong case that the alien applicant is considered exceptionally capable?

A: According to USCIS, the following evidence can make a strong case for a foreign applicant to be considered exceptional:

1) presentations at academic symposia;

2) published articles in scientific journals;

3) testimony of other experts about the foreigner's contribution to this field;

4) the number of entries in the citation index that cite the work of foreigners; or

5) participation of a foreigner in evaluating the work of other experts.

Q: Why is it important to get reference letters from independent experts for an EB2 National InterestWaiver petition?

A: A letter of recommendation is also called a reference letter and is written by an expert in the foreign applicant's field. Letters of recommendation are essential for an EB2 National Interest Waiver petition. USCIS judges are usually not experts in a particular field, so the only way for them to determine whether an alien applicant meets the exceptional ability qualifications and EB2 National Interest Waiver criteria is to look at the objective evidence submitted. A letter of recommendation is one of the most important objective pieces of evidence.

For the EB2 National Interest Exemption Competition, the foreign applicant should obtain multiple letters of recommendation or letters of reference from recognized experts in their field. Most of these letters should be from independent experts outside the circle of foreign applicants. The letters should demonstrate a significant role by the foreign national in a field of significant intrinsic merit, and the proposed work will benefit the nation as a whole. The letters should state that the foreign citizen is exceptional and in what way.

Q: How would a reference letter add value to an EB2 National Interest Waiver petition?

A: Reference letters can significantly increase the chances of a successful EB2 National Interest Waiver petition. USCIS believes that an alien applicant working in a field of significant intrinsic merit with exceptional ability should have unsolicited materials that reflect recognition of exceptional ability. Therefore, the recommendations of independent experts should have more weight and they are proof of extraterrestrial achievements and exceptionality.

In general, the foreign applicant's professional work is expressed in a specialized language. To support the alien's significant role in a field of significant intrinsic merit, USCIS judges will consider letters of reference from experts in the field for the alien's work and contributions.

But not all reference letters can help provide such an analysis. There are letters of reference that specifically indicate how the alien beneficiary has contributed to the field and his impact on the field would add value to an EB2 national interest waiver request. On the other hand, reference letters do not include specifics and simply use hyperbolic language to add no value to the NIW petition.

1) Qualification of recommender:A letter of recommendation or reference letter should include a description of the recommender, and the statements should establish the qualifications of an expert in the field to evaluate the foreign applicant's work or research.

2) Useful statements:It is critical to include helpful testimonials from experts in the field for an EB2 National Interest Waiver application, and the testimonials should indicate that the alien's accomplishments and level of expertise are beyond those typically encountered in the field. A letter of recommendation or a reference letter should set the foreign applicant apart from other people in the area, not just establish the foreigner's ability to work or research.

3) Important information:A good letter of recommendation or reference should indicate a high level of unique expertise of the foreign applicant for work or research. If the letter of recommendation is from the applicant's foreign employer or professor, it should specify the job for which the foreign national is responsible and the job requirements. Although a job offer is not required for priority workers, an employer's letter of recommendation may cite such a position to establish that a very small number of individuals can fill the position offered, and the foreign beneficiary is one of those few individuals.

In addition, letters of recommendation that briefly discuss the petitioner's activities and describe him or her as an educated person are lacking, but lack specific information on how the petitioner's contributions have significantly and consistently impacted the field.

Q: I would like to file for an EB2 NationalInterest Waivercase, but I plan to move to another state in three months. What happens to my petition if I move? Also, can I apply for a green card under more than one category to increase my chance, for example: EB2 National Interest Waiver and Traditional Labor Certification?

A: After moving, your petition will remain active and your move will have no effect. In fact, you are eligible to file a new EB2 national interest waiver application in that jurisdiction if you move to a state that has a different USCISService Center than the one you previously filed in, to increase your chances of approval.

Yes, you can apply for a green card in more than one category to increase your chances. The law does not prohibit multiple applications under different categories.

Q: What if I lose my job while my EB2 National Interest Waiver application is pending? If my NIW application is rejected, can I apply again?

A: If you lose your job while your EB2 National Interest Waiver petition is pending, your NIW petition may be approved. If this is your own petition and you later find another job in the same field, your Form I-485 adjustment of status application may also be approved and your status should be secure.

If your application under the NIW is rejected, you can apply again. Unlike the workforce certification process where a denial will result in a mandatory six-month delay, an NIW application can be filed immediately after an adverse decision.

Q: I am considering an EB2 green card application. What are the advantages of an EB2 National Interest Waiver application over a regular EB2 based on a PERM work certificate?

A: To obtain a US green card under the EB2 National Interest Waiver category, there are two independent steps. The first step is to file a USCIS Form I-140 petition to certify that your employment in the United States is of sufficient national interest to waive the otherwise required labor certification (or PERM labor certification).

Once your EB2 NIW Form I-140 is approved, you can file a USCISFrom I-485 to obtain your green card. Many people prefer the EB2 NationalInterest Waiver application over the EB2-based PERM Work Certification for several reasons.

• First, you can file an EB2 NIW application yourself. This means that you can apply for a GreenCard on your own, without the consent or knowledge of your employer or your employer's sponsorship.

• Second, the regulatory requirements for the EB2 national interest waiver are lighter than those for the EB1 alien of exceptional ability (EB-1A).

• Third, with the EB2National Interest Waiver, you can skip the labor certification process. Submitting a certificate of employment can be a tedious and time-consuming process.

Q: I want to know the difference between the EB2 National Interest Waiver (EB2 NIW) and the EB1 Extraordinary Ability (EB-1A) petition. What are the advantages of one over the other?

A: EB2 NationalInterest Waiver (NIW) and all EB1 immigrant categories (EB1 Extraordinary Ability, EB1 Outstanding Researcher and Professor, EB1 Multinational Executive or Manager) do not require LaborCertification. For the EB2 exceptional ability category (not EB2 NIW), a U.S. employer can file a Form I-140 application only after obtaining a work certificate from the U.S. Department of Labor.

The EB1ExtraordinaryAbility and EB2 NIW immigrant categories are self-applicable, so foreign nationals do not even need an offer of employment and sponsorship from a US employer. But for an EB2 petition for an outstanding researcher and professor, the applicant needs a job offer and sponsorship from a US employer.

The scope for an EB2 NIW petition does not have to be very narrow. An alien applicant can file both an EB1 NIW and an EB-1A petition at the same time to increase the chances of approval, if the alien can meet the qualifying requirements. If the alien applicant is from a retrograde visa country, such as India or China, then the EB1 category is a more preferable route than NIW, as the waiting time to file Form I-485 is much shorter.

Q: My PR application (I-140) under the EB2 National Interest Waiver is on hold while my practical training is almost complete. Do I still need a work authorization or H-1 visa in light of my PR application?

Oh yes. Your PR application is not relevant to your current nonimmigrant visa status and you must maintain your legal status at all times.

Q: I am considering applying under a "national interest waiver", but my employer is currently applying for a work certificate for me. Can I still submit a NIW application?

Oh yes. USCIS does not oppose simultaneous immigration applications.

Q: I was approved for an I-140 under third option (EB-3) several years ago and still have at least two years of immigrant visa pending adjustment of status. If I apply now under NIW and am approved, can I use my EB-3 priority date to adjust based on my EB-2 approval? If I can do that, I don't have to wait any longer to adjust the status.

A: Yes, you can. You are allowed to retain the earlier priority date for an application filed under EB-1, EB-2, or EB-3 and apply the priority date to each subsequent EB-1, EB-2, or EB-3 application.

Q: I am considering applying under the EB-1 classification. Can I apply for anNIW at the same time? What are the advantages of NIW compared to LaborCertification?

A: You can also apply for an EB2 national interest waiver after or at the same time as an EB-1 petition. You are not bound by just one Form I-140 immigrant petition. You can submit a petition in more than one category at a time. This increases your chances of approval, as it is impossible to predict whether USCIS will approve any case.

Another privileged category includes the EB2 national interest waiver and some labor certification cases. The work certificate may take longer. Compared to the Workforce Certificate, the EB2 National Interest Waiver as well as First Advantages (Outstanding Ability and Outstanding Researchers and Professors) remain viable alternatives and shortcuts. They will always take precedence over a work certificate with or without arrears.

Q: I heard there is a backlog of 2nd preference employment based immigration for Chinese nationals, is this true? should i report NIW now or wait?

A: The U.S. Department of State notifies the public of immigrant visa availability each month, based on its projections of how many immigrant visas are available for each country. When the State Department believes that a country is "overbooked," that is, more applications have been submitted than the country's quota allows, it will stop processing applications by issuing an arbitrary cut-off date. It allows the State Department to "clean up" the existing backlog by redistributing remaining visas from different categories. Once the backlog is cleared or the whole picture is clear as to when it will be cleared, the end date will be moved forward.

Please note that the end date does not correlate with our calendar. In 1993, the second preference was pushed back eighteen months from the current one in response to China's Student Protection Act, which granted more than sixty thousand visas to Chinese nationals. It was only after about six months that the cut-off date moved again to the current one in one jump. The same thing can happen again.

Regardless of whether there is a backlog, it is always a good idea to apply now rather than wait. In light of the existing backlog, it makes more sense to apply now than to wait, as it is a case of 'first come first served'.

Q: I am an engineering graduate from my home country and also have more than 5 years of work experience in my field. Can I apply for a Green Card under the EB2 National Interest Waiver category? and how could I prove that I can meet the "advanced degree" requirements for the national interest exemption petition request?

A: For an EB2 National Interest Waiver (EB2 NIW) petition, the applicant must prove that he or she has a college degree as of the priority date. The petitioner should submit an advanced degree certificate with a certified English translation and/or submit a detailed advisory assessment of the beneficiary's foreign credentials. Evidence for an advanced degree may consist of the following documentation:

The employer may issue a letter of experience on official letterhead and must include the name and address of the employer, the date, the name and title of the signatory, and a description of the beneficiary's experience, including dates of employment and
specific duties.

If the beneficiary completed their education outside the United States, in addition to the beneficiary's official academic record, the petitioner should submit a detailed advisory evaluation of the beneficiary's credentials. This assessment is necessary to determine the level and major field of education of the beneficiary in terms of equivalent education in the United States.

Acceptable assessment should consider only formal education and not practical training or experience; state whether the beneficiary completed a US-equivalent high school prior to enrolling in college; provide a detailed explanation of the assessed material, rather than a simple concluding statement; and briefly state the qualifications and experience of the evaluator.

Q: May an F-1 student visa holder apply for an EB2 National Interest Waiver (NIW)? Do I have to wait to apply for a green card after I graduate and change my visa to H-1B?

A: The F-1 international student visa is a nonimmigrant visa, but this does not mean that an international student with an F-1 visa cannot apply for a green card within the United States. It is true that an F-1 nonimmigrant visa student cannot have "dual intent" when applying for an F-1 nonimmigrant visa. However, the holder of a nonimmigrant visa, such as an F-1 visa or a J-1 scholar visa, may subsequently change their "intent" to obtain a nonimmigrant visa for the United States.

Generally, anyone can apply for an immigrant visa within the United States, including F-1 students, if the foreign applicant can meet the qualifying requirements in the EB2 National Interest Waiver regulation. To petition for a US green card, a nonimmigrant visa holder can also change their visa type to a nonimmigrant visa such as an H-1B or L-1 visa that allows dual intent.

But if the duration of an international student's F-1 visa is not long enough to complete a degree at a US university, it is better to wait to apply for a green card after the F-1 visa has been extended.

Q: Can a PhD student apply for an EB2 National Interest Waiver? What is the success rate?

A: Many PhD students have successfully obtained their green cards under the EB2 National Interest Waiver category. Some people may think that the Ph.D. students are still under the guidance of professors for their research, so it is difficult for USCIS to believe that a Ph.D. the students' achievements in that area are significant and they are "significantly above others in the area." But actually, the success rate of Ph.D. Students petitioning for an EB2National Interest Waiver immigrant visa are roughly the same as other petitioners in this category.

Q: What about the prevailing wage issue?

A: Since the US Department of Labor is not involved, "prevailing wage" is not an issue. Obviously, if the salary offered is high, then the overall package will look better. Also, if the salary offered is very low, the candidate will have to explain why he or she earns significantly less than his or her colleagues. If the answer is that the applicant is engaged in research at an institution where similarly employed researchers have similar salaries, then this should not be a problem.

Also, if the applicant works for a non-profit institution, this may explain the lower salary. USCIS will expect a person working for a for-profit entity to earn a salary equal to or higher than that paid by similarly qualified professionals working for similar companies.

Q: In the event that the initial PR application is unsuccessful, is there a negative impact on the applicant's status and subsequent attempt to apply for a GreenCard under the NIW? Also, my friend has the same credentials as me and his EB2 NationalInterest Waiverpetition was recently approved. Will the myNIW petition also be approved?

A: In the event that the initial EB2 National Interest Waiver application is unsuccessful, there is no negative impact on the applicant's status and subsequent attempt to apply for a GreenCard under the EB2 National Interest Waiver. The law does not prohibit or discourage simultaneous or repeated applications. A one-time failure has no effect on subsequent use.

You also need to know that every case is different, and even though your credentials may be identical to others, your case may result in a different outcome. We provide a free assessment where we can review your CV and give you our assessment for your particular case.

Q: What is a reasonable rate of attorney's fees?

A: Based on a survey, the average attorney fees in the United States for a permanent resident application from document preparation to green card issuance is between $5,000 and $10,000, not even including USCIS application fees.

No money-back guarantee is usually offered and no attorney can or should guarantee the success of a petition.

Q: I heard that some lawyers can gather evidence for you. Some attorneys have internal relationships with USCIS so their request will expedite your application, is that true?

A: No, that is not true. We believe in honesty and justice.

Q: Is it possible to file two EB-1 and EB2 National Interest Waiver petitions at the same time? and how do I submit a document that is not in English?

A: It is possible to file two EB-1 and EB2 National Interest Waiver petitions at the same time. Some of our customers file two I-140 petitions at the same time. There is nothing in the law that prohibits multiple submissions. Multiple submissions increase your chances of approval.

Each document in a foreign language must be accompanied by an English translation certified by the translator to be complete and accurate, and a translation certification that he or she is competent to translate from the foreign language into English.

Q: If I have no published journal articles in my field, can I still apply to NIW? Do you need to submit an original copy of the document?

A: If you have no published journal articles in your field, you can still apply for an EB2 National Interest Exemption Petition. There is no specific requirement that you must have published articles in order to apply for or be approved for an EB2 National Interest Waiver petition, although in many cases publications would help improve the chances of approval.

Generally, you can submit a photocopy of the document to USCIS. But you should be prepared to present the original copy of the document to the USCIS officer at any time later.

Q: I had a doctorate in physics and a master's degree in computer science. I used my MS incomputer to find a job here. According to a PhD in physics, the prevailing salary in my field is much higher than my current annual income from that job. Will my salary affect myEB2 Waiver of national interest green card application?

A: It depends on how you submit your petition and what category you go through. If you're applying for a work permit, you may run into problems if you can't meet the prevailing wage requirement. But for the EB2 national interest exemption, prevailing wage should not be an issue, since the US Department of Labor is not involved.

Q: My major was economics. After I finished my Ph.D. in Economics, I went to Computer Science and got an M.S. degree. Will this affect my green card application?

A: It depends on how you organize your evidence. If you are currently working in a different field than the one in which you obtained your highest degree, this type of problem can generally be solved by organizing and presenting your evidence.

Q. How do I know that USCIS has accepted my application?

A: After USCIS accepts your application, you will receive a confirmation from USCIS notifying you of acceptance and also informing you of the processing time. Any petition not signed or not accompanied by the correct fee will be rejected with notice of deficiency.

You can correct the deficiency and resubmit the petition. However, the petition is not considered properly filed until it is accepted by USCIS. A priority date will not be assigned until the petition is properly filed.

Q. How long does it take USCIS to process an NIW I-140 application?

A: It usually takes USCIS three to six months to process your I-140 petition, but some petitions may take longer to process. The result may be a grant of the petition or a denial of the petition or a Request for Evidence (RFE). If you are asked to provide more evidence, it may take another one to four months after you provide the necessary information.

Q: What is a "Request for Evidence"?

A: Sometimes USCIS is not satisfied that an alien petitioning under the EB2 national interest waiver category has met the burden of proving that the petitioner is eligible for the NIW category. In such cases, USCIS will typically file a "Request for Additional Evidence" or "Request for Evidence (RFE)" requesting certain forms of evidence that USCIS believes are missing. The applicant should take great care to present a strong case, so that it can be approved without a Request for Evidence. Even so, there is no way to predict how the USCIS officer reviewing a particular case will respond, and sometimes even the strongest cases receive a "Request for Evidence."

A Request for Evidence (RFE) from the USCISService Center is for the USCISadjudicator to request additional evidence to address and support certain parts of a pending I-140 petition. The petitioner may have specific days indicated in the RFE notice to respond to the requests in the RFE notice. If the petitioner does not respond within the specified time, the petition may be denied by USCIS. Once USCIS receives a response to the RFE notice, further action will generally occur within 60 days, but may take longer for some cases.

It is critical to respond appropriately and skillfully to the Request for Evidence issued by USCIS, an incorrect RFE response will directly result in the denial of your National InterestWaiver petition. To help you respond to the Request for Evidence and ultimately turn the RFE into your green card, we provide "Complete DIY Package for RFE ofNIW Capability (http://www.greencardapply.com/rfe.htm)".

Q: Can you help me with my NIW Notice of Evidence request that I received from the USCIS Service Center?

A: To help you respond to the RFE for your EB2 National Interest Waiver Petition, we provide high-quality and proven "Complete the Request for Evidence (RFE) package myself, EB2-National Interest Waiver Request." In the RFE Package, we present methods for analyzing RFE questions, strategies for responding to RFEs, ways to strengthen your case, in-depth analysis of RFE cases, sample cover letters, sample reference letters, and more.

With the RFE Package, you get all the information you need and the step-by-step knowledge and strategies to prepare an effective, professional, and complete response to your RFE Notice of EB-1A Petition and ultimately receive your green card. Visit also"How to Prepare a Successful RFE Response for Your EB2 National Interest Waiver Application"

Q. After my NIW is approved, do I need to stay working in the same field as stated in my petition? Also, is there a penalty if someone intentionally provides false evidence?

A: After your EB2 National Interest Waiver is approved, you must continue to work in the area listed on the NIW petition. If you venture to another area, USCIS may deny your adjustment of status (Form I-485) or even revoke your permanent residence after the adjustment of status (I-485) is approved.

If you knowingly and intentionally falsify or conceal a material fact or submit a false document, you will be denied the benefit you are applying for and may be denied any other immigration benefits. In addition, you will face severe penalties under the bylaw and may be subject to criminal prosecution.

Q. Can I change employers before my green card if my I-140 was approved on a national interest waiver?

A: It is ideal if you keep your old job or stay in the field if you decide to change jobs. If you are no longer employed, you may have issues with USCIS.

If the basis for granting the EB2 National Interest Exemption is work performed while employed by a particular employer, then the foreign worker must intend to continue working for the employer. In some cases it may be possible to change employers provided that the worker's job duties and responsibilities will be similar to those while employed by the previous employer and therefore it is still in the national interest.

According to USCIS regulations, there will be no interviews for employment-related cases. If you are unemployed, you should be prepared to explain the circumstances of your unemployment, for example, the head of the research fund has run out. Generally, this should not be a problem since the EB2National Interest Waiver does not require a job offer.

Q. If my NIW petition is approved, when can I petition for adjustment of status (Form I-485) or immigrant visa? How to seek or continue employment after filing I-485?

A: You can file Form I-485 Petition for Adjustment of Status as soon as possible or file Form I-140 and Form I-485 at the same time. This applies regardless of your country of origin.

To seek or continue employment after filing I-485, you need either a work card or an EAD (EmploymentAuthorization Document) by filing Form I-765; or you can simply ask your employer to apply for H-1B status for you. The EAD is much easier to obtain since you are eligible for employment while your I-485 is pending, while the H-1B requires much more work and can run into issues such as prevailing wage. After filing the I-485, your status is legal, which is called "I-485 Pending."

Q. I am a Ph.D. computer science candidate, and in the last step to submit my NIWI-140 for self-application. I recently received a job offer as a software engineer in another city. The job is not exactly in the same area as my PhD research area, which is what my petition is based on, but both are in the computer field. I want to know if there will be any problem for me in this situation?

A: It all depends on how you put the emphasis in your petition. You may need to define your research area, so that it includes both your current research and future work.

Q. What does consular processing mean? I received my I-485NIW approval notice and it says my approved case has been sent to the NVC (National Visa Center) for consular processing. I live in USA and come from India.

A: Consular Processing (CP) means the process of obtaining a green card through travel to a US consulate abroad, as opposed to adjustment of status in the US. If your I-140 is approved for CP, you can still do AOS (Adjustment Of Status) without any problems if you are in the US.

Q. I want to know how to file an amendment to an existing I-140NIW application, to increase the salary and add more documents? My original application was still pending. During this time the above information has changed.

A: You do not need to submit an amendment at this time. Regarding salary and additional material, you can keep this information for a possible RFE.

Q. I filed my I-140 NIW case myself and later responded to the RFE letter. Now when I check the USCIS automated voice machine it says "written decisions sent...". Does this mean my case is rejected? The following is my background:

(1) Doctorate in electrical engineering from the University of the USA
(2) More than 12 papers
(3) About 24 quotes
(4) Two patents.
(5) He now works in a biotechnology company

A: Generally, a "written decision sent ..." means that your case has been denied. With your experience, you can later try EB1-EA or EB1-ORpetition. Please note that your cover letter and presentation of documents are actually more important than the credentials themselves for these petitions.

Q: I have J-1 status and am subject to the two-year residency requirement. Can I apply for an EB2 State Interest Waiver?

Oh yeah. However, you need to either obtain a J-1 waiver or satisfy the two-year home residency requirement before you can file Form I-485 to adjust your status to permanent resident status in the US.

Q: I am currently in J-1 status and subject to the two-year residence requirement in my home country. If I apply for NIW and am approved, does it waive my J-1 home country requirement?

A: No, the J-1 waiver and the EB2 national interest waiver are two different things. A J-1 waiver is a request to waive the two-year residence requirement in the home country. NIW is an immigration application. Even if your NIW is approved, you are still subject to the two-year requirement. You must either obtain or satisfy an aJ-1 waiver before you can change your status to permanent resident.

Q. I have a J-1 visa and just submitted an I-140NIW petition to USCIS. If approved, can I file an I-485 and J-1 visa? Since the I-485 application takes a long time, I will probably be able to get a J-1 waiver by this time.

A: First, you must get your I-140 NIW petition approved. Then you can continue working on I-485. Let's assume you had an I-140 NIW approval. You must now obtain a J-1 waiver before you can file an I-485. Therefore, you cannot file an I-485 first and wait for the J-1waiver approval later.

Q. Can I transfer I-140 approval from one company to another, i.e. I do not have to file a new I-140 if I change jobs under I-140. Also, can I apply for Consular Processing (CP) if my I-140 is approved but the EB-2 Priority Dates are not current.

A: You can change companies if you are a petitioner, ie your company does not support your EB2 national interest exemption case. You can apply for CP/AOS, but in both cases you must prove that you will not become a public burden, i.e. that you have a job. You must also stick to the same field where your NIW was approved until you complete the green card application process. Also, you cannot apply for CP/AOS until your priority date is current.

Q. My NIW application has been approved. However, the RFE was issued to me from my concurrent EB1-EA petition. What should I do? and is there an advantage of EB1-EA over NIW in this case?

A: Both EB1-EA and NIW waive the LC (Labor Certificate) requirement and allow you to change jobs during the process as long as your job continues to be in the same or similar field. The main difference is in the EB1 vs. EB2 categories. This becomes important from the perspective of the availability of an immigrant visa number. Typically, EB1s have little or no pending cases, while EB2 backlogs can sometimes have a significant backlog. Of course, this also depends on the country where your visa will be charged.

If the priority date is current for EB-2, don't bother with the RFE for the EB1 petition. There is no separate treatment for EB-1 vs. EB-2 for the rest of the green card process.

Q. I am an IT software development manager for a large telecommunications company. I don't have 5 years of experience as a manager. I have a master's degree from the USA. Am I eligible for EB1-EA or NIW?

A: Based on your information, you may qualify for EB1, but it may be difficult to get your case approved as an EB1. In most cases, USCIS will look for demonstrations of recent research, several published papers, and other significant accomplishments for EB1 applications. It seems that your job and functional category are not really in EB1 Extraordinary Ability. But it all depends on how you present your case, and you may also qualify for the EB2 National Interest Waiver.

Q: How do I respond to an RFE notice?

A: When a USCIS officer cannot complete processing of your application without further information, USCIS will issue a Request for Evidence. You should read the RFE request carefully and complete it, then submit the evidence to the address provided in the RFE notice. Include a copy of the RFE notice and place the attached gold leaf on your documents.

You must submit the requested information before the deadline specified in the RFE. Failure to do so may result in your application being rejected. The deadline reflects the maximum period for responding to an aRFE. However, because many immigration benefits are time-sensitive, we encourage you to respond to the RFE request as soon as possible, but no later than the date stated on the request.

For NIW RFE applications also visit:

1)http://www.greencardapply.com/rfe/request-for-evidence-niw.htm

2)

http://www.greencardapply.com/rfe/rfe_package_niw.htm

Q: What is a Notice of Intent to Deny my EB2 National Interest Waiver Petition?

A: A Notice of Intent to Deny (NOID) is a USCIS judge giving notice that USCIS will deny a pending case unless you provide certain extra documentation. The petitioner may have specific days indicated in the NOID notice for reply. If the applicant does not respond within the prescribed period, the application may be rejected. Once USCIS receives your anNOID response, further action will generally occur within 60 days, but may take longer.

If USCIS denies your EB2 National Interest Waiverpetition, you can refile the EB2 National Interest Waiverpetition or file in other categories. Immigration law does not limit the time you can re-file an NIW petition after your previous NIW petition has been denied. A previously denied NIW petition does not prevent you from re-filing another NIW petition at a later date, regardless of the immigrant classification. However, unless your situation has improved, it is not advisable to simply re-file a similar petition, as it is unlikely that your case will be approved by USCIS.

Q: I am a J-1 visa holder and subject to the two-year residency requirement. Can I apply now for a National Interest Waiver (NIW) on an I-140 petition and then receive my J-1 waiver?

A: For a J-1 visa holder who is subject to the two-year home country residence requirement, you can now file a Form I-140 petition based on NIW for your immigrant visa and later obtain a J-1 waiver. You do not need to have a J-1 waiver before filing the Form I-140. The two-year home country residency requirement does not allow you to change your status from J-1 to US permanent resident.

After your NIW-based Form I-140 approval, you are still subject to the two-year home country residency requirement and must obtain a J-1 waiver before you can file Form I-485 to adjust your status to permanent resident status in the US.

To help you get your J-1 waiver easily and quickly, we offer a high-quality and proven case

Q: How to effectively organize the evidence accompanying the Form I-140 Petition based on the NIW

Follow the tips below to organize your evidence:

1) Submit all necessary documentation and evidence with the petition when it is filed. FormI-140 requests may be denied without issuing a Request for Evidence (RFE) in cases where the required evidence described in the instructions and regulations was not initially submitted. If you provide photocopies of documents, provide clear, legible copies.

2) All documents in a foreign language must be submitted with an appropriate English translation. The English translation must be certified by a translator who is competent to translate and must certify in writing that "the translation is true and accurate to the best of the translator's ability." It is useful if the English translation is stapled to the foreign language document.

3) If you document a foreigner's publications or citations of a foreigner's work, highlight the foreigner's name in the relevant articles. It is not necessary to send a full copy of a dissertation, thesis or scientific paper written by a foreign user or one in which the work of a foreign user is cited. Include the title page and sections that cite the alien's work.

4) Place cards and mark the exhibits at the bottom of the first page of each exhibit and list the exhibits and the admissibility criteria for which each exhibit is submitted to establish petitions supported by substantial documentation. An exhibit offered to meet multiple eligibility criteria should be so identified on the exhibit list.

Q. What is the process for applying for US permanent residence (green card) under the EB2 National Interest Waiver category?

A: For an alien applying for permanent residence in the US under the EB2 national interest waiver category, the following is the process:

1) The alien applicant should file a petition on Form I-140, Petition for AlienWorker and also submit the required evidence to USCIS. (It is possible to submit the From I-485 application at the same time as the I-140 application)

2) After the approval of the Form I-140, the foreign beneficiary should submit the FormI-485 for adjustment of status when the immigrant visa is "current"; an immigrant visa number is not always available for an EB2 National Interest Waiver petition, and if the alien is a beneficiary in the US.

3) If USCIS approves the FromI-485 application, the alien beneficiary is granted US permanent resident status and will receive a permanent resident card (green card) in the mail.

Q. How do I apply for Form I-485 Adjustment of Status after approval of Form I-140?

A: Form I-485, Petition for Adjustment of Status, is the document you must file after your application for employment-based immigration is approved. This form, when submitted, must be accompanied by items such as photographs, a letter of employment, a statement of support, a physical examination record, etc. To assist you with your Form I-485 application, we offer "The Complete Do-It-Yourself Package for Form I-485 Application".

With the change in immigration regulations, the rules on adjustment of status become significantly narrower. You must provide visa records to establish your continued lawful status and the status of family members since you entered the US. This can be a serious problem for those people whose status has expired before their immigration application is approved. It generally takes more than twelve months for USCIS to process your Form I-485 adjustment of status application if you are not waiting for a visa quota.

Q: After my EB2 National Interest Waiverbased Form I-140 approval, how do I apply for adjustment of status to get a green card?

O: The USCIS Application Form I-485, Petition for Adjustment of Status, is the form you must fill out to get your green card after your EB2 National Interest Waiver immigration application is approved. This form, when submitted, must be accompanied by items such as photographs, letter of employment, statement of support, physical examination report, etc. To help you apply for Form I-485, we offer The Complete Do-It-Yourself Package for Form I-485 Filing.

The "priority date" of an immigrant visa is determined by the date you filed your Form I-140 petition. Usually, the immigrant visa priority date for an EB2 NIW application is "current" for aliens from many countries, but not for aliens coming from China and India. Therefore, you can file an EB2 National Interest Waiver-based Form I-140 with your Form I-485 application at the same time if you are not coming from China or India

As immigration regulations change, adjustment of status rules become more restrictive. You must provide visa records to establish the continued legal status of you and your family member since you or they entered the US. This can be a serious problem for those people whose status has expired before their immigration application is approved.

Q: USCIS approved my Form I-140 based on the EB2 National Interest Waiver. But now I'm working in my home country, how do I get a green card?

A: If the alien beneficiary is outside the United States, the alien may complete the "Consular processing"adjustment of status at the nearest US consulate.

Consular processing is a method by which you can apply for an immigrant visa at a US consulate abroad after your Form I-140 petition has been approved and you are not in the US. If the Form I-140 petition is approved and you are not in the United States, USCIS will send you an approved Form I-140 petition to the Department of State's National Visa Center. The National Visa Center will send you a notification of receipt. The National Visa Center will send you another notice indicating when you need to submit the immigrant visa processing fees and supporting documentation.

If the alien beneficiary has gone through the immigrant visa process abroad, the alien beneficiary can enter the US. and receives an immigrant visa attached to a US passport. port of entry, which serves as proof of immigration status until you receive your green card in the mail.

1) The entrepreneur will work for a US employer who submits the petition on behalf of the entrepreneur;

2) The entrepreneur is a member of the profession who has a higher or foreign equivalent diploma;

3) The basic position requires a minimum professional title and an advanced degree or equivalent;

4) the employer who submitted the request received an individual work certificate from the Ministry of Labour; and

5) The entrepreneur meets all special job requirements listed on the individual work certificate or will file for an EB2 national interest waiver for foreign entrepreneurs.

1) The entrepreneur will work for a US employer who submits the petition on behalf of the entrepreneur;

2) The entrepreneur will work in science, art or business;

3) The entrepreneur has exceptional abilities in science, art or business;

4) The entrepreneur will substantially benefit the national economy, cultural or educational interests, or welfare of the United States in the future

5) the employer who submitted the request received an individual work certificate from the Ministry of Labour; and

6) The entrepreneur meets all special job requirements listed on the individual work certificate or will file for an EB2 national interest waiver for foreign entrepreneurs.

1) Official academic records showing that the user has a degree, diploma or certificate from a college, university or school related to an area of ​​exceptional ability;

2) evidence in the form of letters from current or former employers showing that the foreigner has at least ten years of work experience in the profession for which he is applying;

3) A license to practice a profession or a certificate for a specific profession or profession

4) Evidence that the user has determined a salary or other compensation for services, which proves exceptional ability

5) proof of membership in professional associations; or

6) Evidence of recognition for achievements and significant contributions to the industry or field by peers, government bodies, or professional or business organizations.

The regulation requires the entrepreneur to have a degree "related" to the field of exceptional ability, which means that the entrepreneur's degree does not have to be in the same field for which he is claimed to have exceptional ability, but only to be related to that field.

For example, an entrepreneur who wants to start an Internet-related business and who claims to have exceptional abilities in the field may qualify with a degree in computer science, network technology, or certain areas of business. Also, the entrepreneur must demonstrate that he or she has a significant degree of expertise beyond what is typically found in the sciences, arts, or business.

Q: If an entrepreneur cannot provide documentary evidence that he or she meets at least three of the six regulatory criteria for exceptional ability, can he or she provide other evidence to demonstrate exceptional ability in science, art or business?A: If the standards for exceptional ability cannot be immediately applied to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.

Comparative evidence may be submitted in support of the criteria specified for exceptional ability. USCIS will consider the totality of the circumstances when reviewing the evidence submitted for eligibility for EB-2 visa classification. When comparable evidence is presented, the foreign entrepreneur should explain how and why the regulatory criterion for which the comparable evidence is submitted cannot easily be applied to his or her occupation.

There is no limit to the type of comparable evidence that a foreign entrepreneur can submit. USCIS will focus on the quality of the evidence and how it compares to the regulatory criteria for EB-2 visa classification. As an example, a foreign entrepreneur can show:

1) past achievements in obtaining venture capital financing from reputable sources;

2) previous participation in incubators that have high evaluation standards for participation - entities that provide resources, support and assistance to entrepreneurs to encourage the development and growth of an idea or company.

Q: How can an entrepreneur demonstrate that he or she will significantly benefit the future national economy, cultural or educational interests, or welfare of the United States?

A: Foreign entrepreneurs should discuss which of the elements—the national economy, the cultural or educational interest, or the welfare of the United States—the entrepreneurial enterprise claims to use:

1) Example One: The educational interests of the United States can be served by an entrepreneurial enterprise that establishes teaching centers throughout the United States;

2) Example Two: An entrepreneur could show that at least one aspect of the welfare of the United States would be "significantly" better if the entrepreneurial enterprise moved to the United States. It should be noted that the term "welfare" as used in the statute is a broad concept and can refer to any number of areas.

Q: If an entrepreneur wants to apply for NIW, does he or she have to have an actual employer in the United States?

A: If a foreign entrepreneur wishes to apply for an EB2 national interest exemption, the foreign entrepreneur does not need to have a bona fide employer in the United States. If a foreign entrepreneur qualifies for the EB2 national interest exemption, he or she does not need to have an actual job offer from a U.S. employer.

Therefore, a foreign entrepreneur can file an EB2 NIW petition for himself, acting as both an applicant and a beneficiary. If the alien candidate's services are in science, art, profession, or business and are in the national interest of the United States, the offer of employment is waived.

Q: Is there a definition of "national interest"?

A: The term "national interest" is not defined in the USCIS regulations, nor has the US Congress specifically defined the term "national interest." But USCIS has issued a prior decision, Matterof New York State Department of Transportation (NYSDOT), relating to the "national interest" and the EB2 National Interest Waiver petition.

USCIS' previous decision in the NYSDOT case sets out a three-pronged test for EB2NIW applicants to qualify for a waiver of the job offer requirement. While the NYSDOT case and its USCIS decision do not involve an entrepreneur, the decision provides that entrepreneur or self-employed beneficiaries may qualify for the EB2 National Interest Waiver under certain circumstances. For example, the NYSDOT ruling states:

"The Service recognizes that there are certain occupations in which individuals are essentially self-employed, and therefore would not have a U.S. employer to apply for work certification. . . . The petitioner must still show that the self-employed alien will serve the national interest to a greater extent than another to the same field."

Q: I filed concurrent Form I-140 and Form I-485 petitions several months ago. I am now receiving an aRFE (Request for Evidence) letter from USCIS for my Form I-140 petition, requesting more supporting materials and evidence. Now tell me what can happen to my Form I-485 application if my Form I-140 is rejected after RFE response?

A: Concurrent Form I-140 and Form I-485 petitions should provide the alien applicant with a number of benefits, including employment authorization (EAD) availability, advance parole for international travel, and similar benefits for accompanying family members.

Under US immigration law, the Form I-485 application remains intact unless it is denied separately from the denial of the Form I-140 petition. To prevent abuse of the simultaneous submission of Form I-140 and Form I-485, USCIS has instructed its service centers to reject all companion applications, including Form I-485, Form I-485A, Form I-765, and Form I-131 at the same time , when USCIS Service Centers deny the underlying Form I-140 petition.

Q: I am a successful foreign entrepreneur. I heard the EB2 NationalInterest Waiver immigrant visa category for foreign entrepreneurs. Please tell me how to submit supporting documents for this type of EB2 National Interest Waiver green card application?

A: For foreign entrepreneurs filing EB2 National Interest Waiver (EB2NIW) petitions, the petition should focus on how to demonstrate past accomplishments and entrepreneurial activities in the United States, and how to provide jobs for US citizens.

Therefore, the foreign applicant should have a successful record as an entrepreneur to qualify for the EB2 National Interest Waiver. An EB2 National Interest Waiver petition for a foreign entrepreneur should not only focus on "potential" US national interests in the future.

An EB2 NIW applicant for a foreign entrepreneur may have a number of ways to demonstrate a particular business accomplishment, including:

• evidence of the success of foreign companies;

• developed business plan and can prove that the company has achieved the set goals;

• current number of employees;

• business contract or transaction;

• media attention for the company;

• detailed business plan in the United States.

Q: As a postdoctoral researcher at a US University for more than 3 years, I plan to apply for a green card under the EB1-Extraordinary Ability (Alien ofExtraordinaryAbility) and EB2 National Interest Waiver (EB2 NIW) immigrant visa categories with the help of your green card DIY packages application. I have more than 30 citations for my publications. How can I use my citations as strong evidence for my green card application?

A: When evaluating foreign publication citations and an alien's research work, USCIS will determine the significance of the alien's original contribution to the field that resulted in the citations.

To use a citation as strong evidence for an EB1 or EB2 NIW green card application, the foreign applicant should establish the publication's circulation and intended audience. Some quotes, especially passing quotes, are not enough. Also, articles that cite an alien's work as one of multiple footnotes or endnotes are generally not "about" the alien's work. USCIS cannot be satisfied that citations to an article authored by an alien user represent published material about the alien's work.

An alien applicant should include a citation report from an online source (GoogleScholar, SciFinder, or Web of Science). Citation records can help USCIS understand that the field has recognized the applicant's alien research and original research contributions in the field.

In some cases, the inclusion of a long list of refereed articles that often accompanies published articles can be evidence of the alien's ability, because the alien's contributions served as significant, original contributions that prompted later references and citations.

Q: My Form I-140 immigrant visa application was denied following USCIS's RequestFor Evidence (RFE) response. What should I do next? Can I appeal the Request to Reopen? or file a request for reconsideration?

A: A request to reopen is a request to the USCIS initial decision officer to reconsider the decision on the immigrant petition. The request must be based on a factual basis, such as the discovery of new evidence or changed circumstances.

If USCIS denied your Form I-140 immigrant petition because of a Request for Evidence (RFE) or Notice of Intent to Deny, you can file a reopening petition if you can demonstrate that:

* The requested evidence was not material;
* The necessary initial evidence was submitted with the request;
* The request for appearance or additional evidence is granted within the allotted time, or
* The request for evidence or appearance was not sent to the address of record.

As another option, you can also submit a "Request for Reconsideration". A request for reconsideration is a request to the USCIS original decision officer to reconsider the decision based on new or additional legal arguments. The motion must establish that the decision was incorrect based on the evidence in the record at the time the decision was made and must state the reasons for reconsideration.

A request for reconsideration must be supported by "any relevant prior decisions establishing that the decision was based on an incorrect application of the law or USCIS policy." Unlike motions to reopen, new evidence or changed circumstances cannot support a motion for reconsideration.

Q: I am a doctor coming to the US on a J-1 visa and I have a medical degree from my home country. After a medical internship program at a major hospital, I started working on an H-1B visa under the Conrad State 30 program. My question for you is: Can I apply for a NationalInterest Waiver to get my permanent residency in the US?

A: For foreign doctors, the National Interest Waiver (NIW) is a special type of green card application for doctors in underserved areas, and you are required to stay in the position for five years. Additionally, unless the position is through the Veterans Administration, physician under NIW is only available for pediatrics, general internal medicine, family or general medicine, obstetrics/gynecology, and psychiatry.

Doctors whose employment would be in the “U.S. NationalInterest" do not have to go through the workforce certification process. Generally, these physicians can apply for an EB2 NationalInterest Waiver if they intend to work for at least five years in a medically underserved area (“MUA”) or at a Department of Veterans Affairs (VA) facility. A national interest waiver does not require a standing job offer, and can be filed by physicians who are independent practitioners and not "employees" of a US company or organization. A doctor's request for a national interest exemption should include:

A: The alien applicant should have an A# upon approval of the immigrant visa petition on Form I-140. Number A is the foreigner's registration number. The "A" number is used by the Department of Homeland Security and USCIS for alien identification purposes.

This alone does not serve as employment authorization or proof of legal status or permanent residence. After your I-140 is approved, you will receive a number from USCIS.

Aliens also often confuse Social Security Numbers (SSNs) with Alien Registration Numbers (or "A" numbers) issued by the Department of Homeland Security. An "A" number is issued to a foreigner when he submits an application for immigration, is issued in removal proceedings or under other special programs for the registration of foreigners.

The formal "A" number contains eight digits and occasionally starts with "0" and has a total of 10 digits. In general, one can only have one formal "A" number. However, in cases of multiple applications, a foreigner may receive multiple "A" numbers.

Q: As a researcher in a pharmaceutical company with a PhD in biology and H-1B status for 2 years, I want to apply for a US green card in the EB1 (EB1 Extraordinary Ability, EB1 Outstanding Researcher) or EB2 NationalInterestWaiver (EB2 NIW) immigration categories, or apply for 2 categories simultaneously. It is very difficult for me to get reference letters from US government agencies or some professional societies. Do I need to get reference letters for those applications? and is there anything else i should know about those reference letters?

A: There are many issues that need to be addressed regarding letters of reference or letters of recommendation. First, USCIS does not require letters of reference. But they can be very useful and are expected by most USCIS examiners for EB1 ExtraordinaryAbility, EB1 Extraordinary Researcher or Professor, or EB2 NationalInterestWaiver.

Some foreign applicants may try to avoid letters of reference or letters of recommendation due to confidentiality, but for others it is easy to get reference letters. Some professional societies do not usually provide reference letters from their members. Additionally, US government agencies typically will not simply prepare a reference letter if requested. Thus, the requirement for letters of reference or "independent letters" heavily favors applicants with ties to government agencies or professional societies, which may be seen as unfair to some applicants.

If it is difficult for an applicant to obtain reference letters or letters of recommendation, a more thorough compilation of supporting materials can compensate for the lack of reference letters. These materials may include statistics about the research area, information about professional organizations, awards, journals, etc.

Q: Can I apply for a US green card myself?

A: We know that most employment-based immigration categories require a.s. employer to sponsor foreign workers for their immigration application (U.S. Green Card Application), there are actually several immigration categories that allow self-petition if the foreign applicants can meet certain requirements.

The first preference immigration category (EB1) has three subcategories, i.e. EB1 Exceptional Ability (EB-1A or EB1-EA), EB1 Outstanding Professor or Researcher (EB-1B or EB1-OR) and EB1 Multinational Executive or Manager (EB -1C or EB1c). Only one of these 3 subcategories, EB1 Extraordinary Ability, allows a stand-alone petition. This immigration category is available to foreign applicants with outstanding ability in business, science, art, education, or athletics. Foreign applicants who may qualify for an EB1 Extraordinary Ability application are generally those who are recognized as the best in their fields and intend to continue working in that field in the US.

Another immigration category that allows self-filing is the EB2 NationalInterest Waiver (EB2 NIW or NIW). This immigration category falls under the employment-based immigration category, Second Preference (EB2), which is reserved for professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business.

The EB2 immigration category generally requires a job offer from a US employer and also requires a PERM labor certification approved by the US Department of Labor (DOL). The labor certification process is designed to protect US workers. However, US immigration law allows a waiver of the PERM labor certification requirement in some cases, in which the alien applicant's contributions to the United States are at such a level that the interests of the American nation can be better served if the alien applicants do not undergo the PERM labor certification process.

Q: I filed an EB2 National Interest Waiver application about 4 months ago. I have now received a Request for Evidence (RFE) notice from USCIS. It asks for my "previous record of specific prior accomplishments," and to demonstrate my "ability to serve the US national interest to a far greater extent than most others in the field." Please tell me how to respond to the RFE request? Thank you very much.

A: For an EB2 National Interest Waiver petition, the foreign applicant needs to demonstrate that he or she has a history of certain prior accomplishments with some degree of impact on the area as a whole. The petitioner's past impact on the area as a whole must justify projections of future benefit to the national interest.

Also, the foreign applicant must prove his ability to serve the United States. of national interest to a significantly greater extent than most others in the field in some capacity, For example, a foreign applicant may submit the following supporting documents to meet the requirements:

* copies of patents and copyrights;
* proposals for support;
* reviewed articles;
* performance evaluations for the last five to ten years;
* work that has been evaluated in independent journals;
* awards for work in the field.

Each award for work in that area must be accompanied by a statement from the awarding institution stating the number of awards awarded, the frequency of awarding, the criteria for awarding the award, and the number of individuals who may compete for the award.

Q: I am a researcher in chemical engineering. I recently received an RFE (RequestFor Evidence) form letter from USCIS for my EB2 National Interest Waiver request. He's looking for evidence of my "field-wide impact." How to respond to this type of RFE request?

A: When a USCIS judge cannot complete processing of an EB2 National Interest Waiver Petition without additional information, they will send a Request ForEvidence notice to request the necessary evidence. The foreign applicant should read the application carefully and fill it out, then submit proof to USCIS, including a copy of the RFE letter and place the attached gold leaf on top of the submitted documents.

Q: After my EB2 National Interest Waiverbased Form I-140 approval, how do I apply for adjustment of status to get a green card?

O: The USCIS Application Form I-485, Petition for Adjustment of Status, is the form you must fill out to get your green card after your EB2 National Interest Waiver immigration application is approved. This form, when submitted, must be accompanied by items such as photographs, letter of employment, statement of support, physical examination report, etc. To help you apply for Form I-485, we offer The Complete Do-It-Yourself Package for Form I-485 Filing.

The "priority date" of an immigrant visa is determined by the date you filed your Form I-140 petition. Usually, the immigrant visa priority date for an EB2 NIW application is "current" for aliens from many countries, but not for aliens coming from China and India. Therefore, you can file an EB2 National Interest Waiver-based Form I-140 with your Form I-485 application at the same time, if you are not coming from China or India

As immigration regulations change, adjustment of status rules become more restrictive. You must provide visa records to establish the continued legal status of you and your family member since you or they entered the US. This can be a serious problem for those people whose status has expired before their immigration application is approved.

Q: I am a pharmaceutical researcher and have several highly cited publications. Can I file EB1 (EB1 Extraordinary Ability or EB1 Outstanding Professor and Researchers) and EB2 NIW at the same time to increase my chances of approval?

A: EB1 Extraordinary Ability (EB-1A) and National Interest Waiver (NIW) are "special categories" of green card petitions. We have successfully helped a large number of people in the EB1 Extraordinary Ability, EB1Outstanding Professor and Researchers (EB-1B), EB1 Multinational Executive or Manager (EB-1C) and National Interest Waiver categories.

An applicant for analysis can actually apply in two categories at the same time and can receive approvals in both. This strategy is sometimes used where a foreign applicant potentially qualifies in multiple categories, to increase the likelihood of successful approval. For example, an applicant can obtain approval of a Form I-140 petition under the EB1 Extraordinary Ability and EB2 National Interest Waiver categories.

It is necessary to prove and argue the candidate's qualifications in those areas that are relevant for a certain special category. These employment-based categories can potentially provide faster pathways to completing the green card process for those who qualify.

For example, the researcher had a record of conducting groundbreaking research in the field of biomedical sciences, particularly in the area of ​​DNA research. At the same time, he applied for both the EB1 Extraordinary Ability and EB2 National Interest Waiver categories and received both approvals. Evidence has been presented that it has led to significant advances in cancer research; viral infections, such as AIDS/HIV; diabetes; bacterial diseases, such as leprosy, tuberculosis and pneumonia; and antibiotic resistance.

The cover letters attest to the fact that this DNA research is seen as critical to the development of drug and vaccine targets, as well as new strategies for correcting DNA errors and curing disease. In addition to improving the health of American citizens, his research work is also claimed to benefit the US environment, economy, and national security, as evidenced by his funding and support through the National Institutes of Health (NIH) and the US Department of State (DOS). ).

Q: Can I apply for a US green card on my own while outside the United States?

A: In the two immigrant classifications, foreign applicants do not need to have a US job offer and can apply for a US GreenCard on their own - foreign applicants do not need a US employer to sponsor them. These two categories are:

1) Individuals of outstanding ability in science, art, education, business, or athletics (E11 or EB-1A)

2) Individuals granted a National Interest Waiver (E21 or EB2 NIW)

Individuals of extraordinary ability are considered the best in their field, and EB1 extraordinary ability is a category of eligibility that applies to a very small number of individuals. Examples of who may be considered an E11 or EB-1A immigrant include those who have achieved great success in their field.

If you live outside the United States, you can become a permanent resident of the United States by first filing Form I-140 and then going through consular processing. Consular processing is when US Citizenship and Immigration Services (USCIS) works with the US Department of State to issue an immigrant visa on an approved Form I-140 (Immigrant Petition for Foreign Worker).

Q: I am in the process of filing an EB1 NIW petition. What evidence will best demonstrate that the foreign national will contribute significantly to the national interest? Do I have to have reference letters or lots of publications and citations?

A: Letters of reference or letters of recommendation are very important for an EB2 National Interest Waiver (EB2 NIW) petition. Independent letters of recommendation from those who have never worked or collaborated with the foreign applicant will carry much more weight with USCIS than letters of recommendation from dependent recommenders.

Letters of recommendation should discuss the foreign applicant's research contributions and their significance and should directly comment on the foreign applicant's benefit to the US. Letters of recommendation are also a great opportunity to demonstrate the foreign applicant's work performance. A reference letter from someone who has used the foreign applicant's work and can explain how they did it is a great way to strengthen an EB2 NIW petition.

Unlike an EB1 Extraordinary Ability (EB-1A or EB1-EA) petition, the standards for an EB2 National Interest Waiver petition are flexible. There is no requirement for a minimum number of publications and citations. While frequent citations can certainly support a researcher's claim to have influenced the field, the lack of frequent citations is not a bar to admissibility if there is other objective evidence of the petitioner's influence.

Also, a substantial citation alone does not establish an applicant's eligibility for an EB2 national interest waiver. Original and significant contribution to the field is a key factor for USCIS in making a decision on an EB2 National Interest Waiver petition, and determining a petitioner's contribution relies heavily on strong letters of reference. Therefore, reference letters and the content of those letters are critical to establishing your original and significant contribution to the field.

We provide a complete DIY NIW Green Card Application Package, which includes all the necessary knowledge and detailed NIW application procedures, and has helped many people get their green cards, and will definitely help your NIW application as well. Please visithttp://www.greencardapply.com/niw.htmihttp://www.greencardapply.com/niw/niw_package.htmfor more information on the NIW application.