Visas and Green Cards for Artists, Musicians and Performers
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Does the USCIS make a distinction as to whether a specialist physician works in a Medically Underserved Area vs Health Professional Shortage Area versus Physician Scarcity Area? My job falls in MUA, HPSA but not PSA , is this a problem for a specialist?
NIW requires "You must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA)."
Is there a direct way for me to get a green card or apply for EB-3 without my employer's support? My employer is unwilling to support me for any working visa and I am already out of the status due to this.
Three options: Extraordinary Ability Aliens, National Interest Waiver and Investment (EB-5).
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.
We won a case for National Interest Waiver a Microbiologist holding a Ph.D., 12 publications and over ten years research experience. We were able to provide evidence of a strong national interest through numerous letters of recommendation from leading scientists. This applicant had an international reputation in his field.
This applicant was a data recovery specialist under contract with the U.S. government providing critical skills to a high-level project. It was noted by referees that his knowledge and background were rare and greatly needed in the interest of our national defense. We provided documentation of his academic achievements as well as additional specialized training.
We won this case for an applicant with five years research experience. The applicant was able to secure a very strong letter from the National Science Foundation director which detailed the innovative and pioneering work of the applicant. It was noted that his skills were critical for an initiative developed by the Foundation. We also offered evidence of his strong Ph.D. work as well as his publication record.
We obtained both and Outstanding Researcher and National Interest Waiver for this applicant. Based on his strong academic record and exceptional work experience we were able to obtain letters of recommendation from leading experts around the world. The applicant was currently working for one of the most prestigious research/teaching institutes in the world. His innovative research was noted internationally and he had multiple scholarly articles in well-respected journals. He also held membership in leading professional societies.&nbs
We won a case for National Interest Waiver for a Physician working in a medically underserved area. We provided a five year contract, copy of his J-1 Waiver approval, numerous experience letters, a letter from the Department of State and documentation to reflect statistics of health professional shortage in the area.
We won both an EB1 Alien of Extraordinary Ability case and a National Interest Waiver for this applicant. He was noted as being an exceptionally qualified, brilliant and outstanding researcher amongst an international peer group. We provided copies of his substantial publication record as well as evidence of his numerous "invited" presentations. This applicant had patented material which was identified as innovative and pioneering in the field and admired by top researchers.
We won this case as the applicant was noted to be a critical component to the success of various projects and had a very large impact on the research program. Referees described this applicant's talents to be rare and difficult to replace by U.S. workers. Her original and pioneering research made her uniquely qualified to further this intrinsically important research which greatly effected the nation as a whole.
We won a National Interest Waiver case for a Molecular Biologist holding a Ph.D. having over ten years of research experience. We argued that her qualifications were unique as compared to others in the field and that she was noted as one of the few in her field that has achieved the highest level of success. She had remarkable contributions to the field, most notably her significant discoveries in cardiovascular research. This applicant had an extensive publication list as well as a book chapter.
We won a National Interest Waiver case for an applicant holding an M.D., Ph.D. and MSE in Biomedical Engineering, and a B.Tech. in Electrical Engineering. This applicant had an extraordinary background. His degrees were received from the most prestigious institutes in the world, notably Harvard, MIT and Johns Hopkins University . His pioneering work has lead others in the field to a better understanding of what causes sudden cardiac death through fatal arrhythmias. His work was quoted as "revolutionizing health care."
This applicant provided a 5-year contract for services in a medically underserved area, a copy of his J-1 residency requirement waiver, letters from the Health and Human Services office in his area requesting his services, documentation to reflect the statistics of the health professional shortage in his employment area as well as copies of his license to practice medicine.
We won a case for a physician who provided a contract for services for 5 years in a medically underserved area. This applicant also submitted copies of his degree, medical license, medical degree equivalency evaluation, USMLE Step 1, 2 and 3, status paperwork, letter from potential employer stating need, documentation of statistical data on medically underserved area and a letter from Bureau of Health Care Services.
We represented a physician working for a veteran’s facility within a medically underserved area. The NIW was approved. Before completing her waiver time, she needed to move from the approved location to another location AND switch from a MUA to the Veterans Administration.
One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.
We represented a physician working for a healthcare network within several counties of a Medically Underserved Area (MUA). Initially, we submitted the required documents, but the tricky issue was the division of the physician’s service over several counties. The approval in this case required that we work closely with officials from the State Health Department to provide proper documentation and verification of the full-time nature of the job, albeit across several areas and proof of physician shortage within each area.
Students in the following fields will be able to obtain STEM OPT extensions for 24 months:
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.
On January 21, 2022, USCIS published the following information on its website, which we have edited to provide clarifying remarks:
You may be eligible to request to transfer the underlying basis of your Form I-485, Application to Register Permanent Residence or Adjust Status, to a different employment-based immigrant category based on another Form I-140, Immigrant Petition for Alien Workers. USCIS may, in its discretion, grant a transfer request, if:
The Biden administration earlier announced changes in immigration policy treatment of STEM fields that provide welcome opportunities to the people holding F-1 and J-1 visas in the United States.
For more details please visit this link:
I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:
1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?
2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?
If you have changed employers priority date with the old employer becomes current you could go back and join them, if you have a good explanation why you left them in the first place.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
My EB-2 was downgraded to EB-3 in Oct 2020 and the attorney marked the amended box ( "To amend a previously filed petition") as checked.
Timeline:
I received the EAD combo card in Dec 2021. Changed the Employer (though transferred H-1) using AC21 after way more than 180 days of pending 485
My PD is June 30, 2012 Now that EB3 is retrogressed and stuck in Jan 2012., I wanted to know
1. If I interfile EB2. Will it be rejected as the amended box was checked when downgraded?
2. If we interfile, will there be an impact on the EB-3, in case they reject it
3. What is the best way now to have both EB-2 and EB-3 run side by side. What is the fastest way to get to GC in my case?
1. First of all you cannot interfile because you are not with that employer who holds your EB-2 I-140. Regarding rejection, you are right.
2. It could be.
3.Have your new employer start a new case. Start from PERM upwards.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I had a brief telephonic consultation and Resume review with Mr. Khanna. He seems like very through and knowledgable attorney. He provided me right information and suggestion as what should be the next step to follow and in which category my GC petition has more chances to get approved. This is all within 15 mins of consultation and that too with no charge/fee. I would strongly recommend him and his firm. - Pallav