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Rising NIW rejection rates: Examining changes in eligibility criteria

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Why rejection rate of NIWs is increasing? Is there any change in eligibility criteria, etc.?

 

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FAQ Transcript

The USCIS is currently focusing on two main aspects when evaluating NIW petitions:

  1. National Importance of Your Work:

They want to see how your specific work benefits the entire country, not just your immediate sphere of influence.

Example: For a neurosurgeon, saving lives locally isn't enough; they want to see a broader national impact.

  1. Comparative Contribution:

USCIS is looking at how your work stands out from others in your field.

They want to see that your contribution is not just significant but also distinguishable from your peers' work.

These two factors are currently the primary focus in NIW evaluations, leading to higher rejection rates for petitions that don't adequately address these specific points.

 

Visa Bulletin For November 2024

Number 95
Volume X
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during November for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Agency

Green Card

Immigration Law

Recording for September 26, 2024 Conference Call with Rajiv S. Khanna

Topics Discussed:
FAQs: EB-2 NIW I-140 portability for employer-sponsored cases || Concerns regarding nonpayment of wages and potential H-1B impact || Maintaining LPR status (Green Card) during extended absences for employment || Rising NIW rejection rates: Examining changes in eligibility criteria

Visa Bulletin For October 2024

Number 94
Volume X
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during October for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Agency

Green Card

Immigration Law

Recording for September 05, 2024 Conference Call with Rajiv S. Khanna

Topics for Discussion:

Can I use my USCIS case status approval page to extend my H1B visa beyond six years, or are there other ways to obtain my I-140 approval document? || H4 transfer, H4 EAD renewal, automatic extension of EAD || J-1 waiver and H-1B, what are my visa options? || H-1B transfer and PERM based GC || F1 CPT and change of status to H-4 visa || Travel on H-1B Visa || EB-2 and I-140 approval || Eligible to apply for citizenship? || Parallel COS application timeline from H-1 to F2 Visa || H-1B transfer to new employer || H-4 and EAD, automatic EAD extension

Recording for August 22, 2024 Conference Call with Rajiv S. Khanna

FAQs: EB-1A Use Case -- STEM OPT cloud solutions engineer at a nonprofit university || Layoff on H-1B, Changing status from B-1/B-2 pending to F-1 || Impact of layoff on green card status and future naturalization || H-1B laid off: Second B-1/B-2 visa extension

Recording for August 08, 2024 Conference Call with Rajiv S. Khanna

FAQs: NIW Required commitment duration, Adjustment of status, Naturalization considerations, and Interim work status option || Impact of DWI conviction on H-1B holder's H-4 dependent visa stamping and future travel considerations || H-1B extension pending: Impact of traveling to India using old visa, returning with 2-3 days remaining on visa, etc. || H-1B options as an F-1 student on STEM OPT in a nonprofit university: Cap-subject vs. cap-exempt strategies and transitioning to cap-subject H-1B in the future

Visa Bulletin For September 2024

Number 93
Volume X
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during September for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Agency

Green Card

Immigration Law