National Interest Waiver

A method to obtain green card used to avoid the need for PERM based labor certification.

Do I Qualify for EB-1

Question details

I got my Ph.D. (biochemistry and molecular biology) and I have 3+ years of post-doctoral experience. I have 4 publications (3 lead author) in human pathogenic research. Could you please comment on my eligibility for EB-1 or NIW.

My best GUESS is probably not. While NIW/EB-1 should not be a numbers game: how many publications, how many citations..., but it often ends up like that. Given that if you had one publication in a premier journal like Science, that would could count a lot more than 5 or 10 publications in a lower impact factor journal.

Recording for February 02, 2023 Conference Call with Rajiv S. Khanna

Discussion Topics, Thursday, February 02, 2023:

FAQ: Criteria for national interest waiver || NIW for physical therapists || Multiple companies applying for H-1B Cap registration - H-1B lottery || Can H-4 visa (no EAD) holders take an unpaid internship? || Can H-4 EAD start a Business in any State? Can a relative's company file H-1B? || H-4 visa dependent children change of status to F-1 before 21 || Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?

How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification?

Question details

1) How long does one have to wait in total if the company applied for PERM (EB2 - MS CS degree), and THEN Concurrently applied for I-140 (premium) and I-485 and the country of birth is UAE?

2) Can the above be done on an F-1 (OPT + STEM OPT) Visa instead of an H-1B? And any potential issues for F-1 in this case?

3) In this scenario, how would it work if the person also submits NIW in parallel with PERM?


Video URL
FAQ Transcript
  1. I would say an average of a couple of years. 
  2. Yes, it can be. Please go through my blogs and articles on the economic author page for more details on this issue.
  3. It would work  just fine. Your lawyers can organize that. 

Recording of October 27, 2022, Free US Immigration Community Conference Call with Rajiv

Immigration Law

FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||

Recording of Sept 15, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics:

FAQ: Was Green Card approved in error? Time taken by the USCIS to respond to an E request for correction, travel?|| Entry into the U.S. using the Advance Parole after green card approval during a trip abroad ||

Recording of August 18, 2022 Free US Immigration Community Conference Call with Rajiv S. Khanna


Discussion Topics, Aug 18, 2022

FAQs: Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1 || I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485? || Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest

PhD students and eligibility for EB-2 NIW and working on F-1 OPT

Question details

1) Is it possible for current PhD students to apply for EB-2 NIW?
I have been through websites where they have said It's Possible, but then why is it not possible for current MS students?
2) Is it possible to work and study in F-1 OPT after completing the degree?

Video URL
FAQ Transcript

Sure, you can apply for any of these green cards while you are still a student.

Please go through my article in The Economic Times:

NIW laws require only that you possess an advanced degree. A Master’s degree is an advanced degree.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.