h1b.biz - National Interest Waivers

Green Card: EB-2 National Interest Waivers (NIW) | San Diego Immigration Lawyers

H1b.biz Spined HTML

UntriedCard: EB-2 National Interest Waivers (NIW) | San Diego Immigration Lawyers Schedule a Consultation: 1.866.488.1554 Tap Here ToUndeniabilityUs San Diego Immigration Lawyers Law Offices of Jacob J. Sapochnick Home Contact Solana Beach, CaliforniaUntriedCard Attorney Law Offices of Jacob J. Sapochnick Home Our Law Firm Legal Consultation Services Ask An Immigration Lawyer Processing Times Resources Blogs Contact Us Schedule a Consultation 866.488.1554 619.819.9204 Home Services Permanent VisasUntriedCard: EB-2 National Interest Waivers (NIW)UntriedCard: EB-2 National Interest Waivers (NIW) WHAT ARE NATIONAL INTEREST WAIVERS?The National Interest Waiver (NIW) is misogynist to foreign nationals of unrenowned worthiness in the sciences, arts, or business, and wide degreed professionals (M.A., M.S., M.E., M.D. or Ph.D.). Ph.D. students moreover qualify. The National Interest Waiver is a procedure to shirk the cumbersome labor certification process, as administered by the Department of Labor and which ordinarily is a prerequisite in obtaining permanent residence through the second preference EB-2 employment based untried vellum category. See section 203(b) (2) of the Immigration and Nationality Act (the Act). The Act at section 203(b)(2)(B) moreover allows the Attorney General to waive the job offer requirement placed on EB-2 immigrants when the Attorney General determines that services the wayfarer intends to provide will be in the national interest. Such waivers are wontedly tabbed national interest waivers.For Answers to Your Personal QuestionsContact a U.S. Immigration Law Expert Today I. BENEFITS OF NATIONAL INTEREST WAIVER:You do not require a Labor CertificationYou can file your untried vellum petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf (self-petition)II. REQUIREMENTS FOR NATIONAL INTEREST WAIVER:It must be shown that the wayfarer seeks employment in an "area of substantial intrinsic merit” and “national importance.”The petitioner seeking the waiver must persuasively demonstrate that the wayfarer is well positioned to whop the proposed endeavor.On balance, the petitioner must prove that it would be salubrious to the United States to waive the job offer and labor certification requirements of the EB-2 category.The labor certification process exists to protect U.S. workers from foreign competition. If any U.S. worker meets the minimum qualifications for the job and is misogynist to take the job, the employer will not be granted an wayfarer labor certification. The USCIS opines in its visualization that "an wayfarer seeking exemption from this process must present a national goody so unconfined as to outweigh the national interest inherent in the labor certification process." The USCIS goes on to state that "with regard to the unavailability of qualified workers, the job offer based on national interest is not warranted solely for the purpose of ameliorating a local labor shortage".Please note: Effective December 27, 2016 in Matter of Dhanasar , 26 I&N Dec. 884 (AAO 2016) the USCIS Administrative Appeals Office (AAO) reverted the tampering framework for determining eligibility of national interest waivers and established a new test (described above) that will govern the verdict of national interest waiver. Previously, the tampering framework reached in Matter of New York State Department of Transportation (NYSDoT) was the prevailing test that was used by USCIS to determine eligibility of national interest waivers. Dhanasar will now invalidate and replace the tampering framework reached in Matter of New York State Department of Transportation, and no longer require the petitioner to persuasively demonstrate that the national interest would be adversely unauthentic if a labor certification were required of the foreign national. The “substantial merit” and “national importance” requirements remain the same as before. (A) Person withUnrenownedAbility orWideDegree Holder You must be a person with unrenowned worthiness in the sciences, arts, or business, or an wide stratum holder. In Matter of Dhanasar, the AAO indicated that a wide number of employment fields may qualify for the NIW including but not limited to: business, entrepreneurialism, science, technology, culture, health, and education.1. Person withUnrenownedAbilityTo be classified as a person with unrenowned ability, you must provide documented proof of at least three of the following:An official wonk record showing the wayfarer has a degree, diploma, document or similar ribbon from a college, university, school or other institution of learning relating to the zone of unrenowned ability.Letters documenting at least ten years of full-time experienceA license to practice the profession or certification for a particular profession or occupationEvidence that you writ a salary or other remuneration for services which demonstrates unrenowned abilityMembership in professional associationsDocuments which prove recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or merchantry organizationsIf the whilom standards do not apply, the USCIS may moreover winnow other comparable vestige of eligibility.2. Persons HoldingWideDegreesTo be classified as a person holding an wide degree, you must possess a master's stratum or a bachelor's stratum with at least five years progressive post-bachelor stratum experience.(B) Your Occupation is in the National InterestThe term "National Interest" has not been specified in the statute. Matter of Dhanasar stipulates that endeavors that may be considered as stuff “national in scope” or of “national importance” are those that have a significant potential impact for job megacosm or substantial potential for economic growth, and which are focused in an “economically depressed area” such as an zone of unemployment, or economically disadvantaged region. It is not required for the petitioner to show that the endeavor will bring firsthand or quantifiable economic goody to the United States to show that it is in the “national interest,” although providing such vestige is helpful in reaching the “preponderance of the evidence” standard unromantic to verdict of NIW petitions.Typically, aliens who are successful in securing an NIW present cases that establish themselves as having some unique and unrenowned skill, experience, or knowledge, that sets them untied from their professional peers. Documents stating that he/she possesses a unrepealable level of competence will not be sufficient to receive a National Interest Waiver. Rather, a proficiency that is greater than mere competence is expected of those seeking a National Interest Waiver. Further, it must be unmistakably demonstrated that the NIW candidate's past record substantiates projections of future benefits to the U.S. national interest. RecommendationReportstestifying to the alien's unique skill, experience, knowledge, or expertise will be examined by the USCIS and the credentials of the individuals who write such reports will be reviewed to determine whether they are qualified to make such evaluations.The Administrative Appeals Unit of the USCIS set along a list of factors that are to be considered in applying the national interest test to foreign nationals.Factors that may be considered in determining national interest include, but are not limited to:Improving the U.S. economyImproving wages and working conditions of U.S. workersImproving education and training programs for U.S. children and under qualified workersImproving health careProviding affordable housing in the U.S.Improving the environmentRequest from an interested U.S. government agency(C) Unique Knowledge and AbilitiesYou must possess unique knowledge or skills that set you untied from other professionals and you will use these nature in activities that will significantly goody the Nation. (D) The Foreign National Must Be Well Positioned toWhopthe Proposed Endeavor In determining whether the foreign national is well positioned to whop the proposed endeavor, the foreign national’s education, skills, knowledge, and proven record of success will be assessed in related or similar efforts. The petitioner is not required to demonstrate that the endeavor is likely to succeed.Vestigethat can be provided in support of this requirement includes but is not limited to: models, diagrams, or plans demonstrating future activities, vestige of progress in reaching the endeavor, and vestige that may demonstrate an interest from stakeholders. (E) On Balance, the Petitioner Must Prove that it would beSalubriousto the United States to Waive the Job Offer and Labor Certification Requirements of the EB-2 category. Here, the endeavor’s importance will be weighed versus the national interest and be based upon the overall goody the United States will receive from the foreign national’s contributions. USCIS may moreover consider other factors to determine whether granting the NIW would be salubrious to the United States taking into consideration whether there are any qualified U.S. workers who can undertake the endeavor, and whether there is a sufficient national interest to justify a waiver of the job offer and labor certification requirement. III. INFORMATION AND/OR DOCUMENTATION YOU WILL NEED FOR GREEN CARD BASED ON NIW: Please note: Required documents may vary on a case-by-case understructure depending on the field of proposed endeavorCopy of Notice of Approval for your current visa status (H, J-1, F-1, etc.);Current detailed resume/CV including your employment/research history (names, addresses, and word-for-word dates of employment.);Copies of college/university degrees and transcripts or notarized copies showing that your educational preliminaries is comparable to at least a Master’sStratumawarded in the United States;Letters of recommendation from colleagues or other authorities in your field (Please ask the authors of these reports if you may moreover submit a reprinting of their resume with their recommendation letters);Letters of Recommendation should demonstrate that:The wayfarer seeks employment in an zone of substantial intrinsic merit;The candidate possesses unique knowledge, abilities, or wits which sets him/her untied from his/her professional peers;The candidate will utilize his/her unique talents in an worriedness significantly benefiting the field of specialization;The proposed goody will be national in scope; andOn balance, it would be salubrious to the United States to waive the job offer and labor certification requirements of the EB-2 category.Copies of all publications, publication citations, abstracts, & invitations to conferences, if any;Copies of any wares where your research has been cited;Copies of any wonk awards, honors, or professional prizes you may have received;Annual Salary;Comments on your published works by critic’s/journal referees, if any;Evidence of membership in professional associations, if any;Details of the funding for your research projects or grants, if any;Newspaper wares describing the professional reputation of persons preparing your references, if any;Any other vestige that shows that your work will goody the U.S. National interest.Please undeniability us today for increasingly information regarding the National Interest Waiver.Frequently Asked Questions well-nigh EB-5 Visas Contact Us Schedule a Consultation 866.488.1554 Name (Required) Email (Required) Phone (Required) Message Enter text from the Image Above: Please enter the text from the image on the left. Submit Our Services Work Visas Temporary Visas Permanent Visas Family Visas Citizenship Start Up Immigration Global Immigration International Adoptions Deportation, Removal & Exclusion My American Job: The Foreign Worker's Ultimate Guide to Finding a Job and a Visa Sponsor in the United States Buy with Crypto Schedule a Consultation - 866.488.1554 Enter text from the Image Above: Please enter the text from the image on the left. Submit 1502 6th Ave San Diego, CA 92101 Phone: 619.819.9204 Fax: 619.393.0467 We serve the pursuit localities but not limited to: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim. Home Speaking Engagements Privacy Policy Disclaimer Site Map Contact UsUntriedCard: EB-2 National Interest Waivers (NIW) | San Diego Immigration Lawyers Copyright © 2018, Law Offices of Jacob J. Sapochnick Justia Law Firm Website Design