National Interest Waiver

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

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)

Immigration.com

Citizenship and Naturalization

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

Immigration.com

Agency

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: 

https://economictimes.indiatimes.com/nri/migrate/can-student-visa-holders-apply-for-a-green-card/articleshow/83976519.cms

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

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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 immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

USCIS Updates Guidance on National Interest Waivers

Release Date 

U.S. Citizenship and Immigration Services today announced updated guidance on adjudicating requests for “National Interest Waivers” regarding job offer and labor certification requirements for certain advanced degree professionals and individuals of exceptional ability. This includes discussing the unique considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs.