Employment-Based (EB) Green Card
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.
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EB-2-NIW–Physician in MUA
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.
Green Card
Biden announces STEM changes for F-1, J-1, O-1A and National Interest Waivers
24 January 2022
Students in the following fields will be able to obtain STEM OPT extensions for 24 months:
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.
Rajiv's Blog: Biden announces STEM changes for F-1, J-1, O-1A and National Interest Waivers
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:
Premium processing available for pending EB-1C, NIW I-140
USCIS Announces Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions
Basic Criteria for Extraordinary Ability
Question details
What is the basic criteria for extraordinary ability?
This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.
Recording of July 21, 2022 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Discussion Topics, Thursday, July 21, 2022:
Recording of August 18, 2022 Free US Immigration Community Conference Call with Rajiv S. Khanna
Immigration.com
Agency
Nonimmigrant Visas
Green Card
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?
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.
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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.
Recording of Sept 15, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Green Card
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 October 27, 2022, Free US Immigration Community Conference Call with Rajiv
Nonimmigrant Visas
Immigration Law
Green Card
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? ||
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?
FAQ Transcript
- I would say an average of a couple of years.
- Yes, it can be. Please go through my blogs and articles on the economic author page for more details on this issue.
- It would work just fine. Your lawyers can organize that.
Recording for February 02, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Citizenship and Naturalization
Green Card
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?
Entering the U.S. on a visitor visa while green card is pending || qualifying for Visa Waiver Program (VWP) || Spouse visa through H-1, L-1, or O-1 || Any special visas for UK, EU, Singapore, Dubai or Australia
Question details
Have any rules changed regarding getting a spouse visa through H1, L1, or O1? Also is traveling on a tourist visa to the US after marriage not ok, with a pending GC application? Finally, does the US have any special agreements with the UK, EU, Singapore, Dubai or Australia for visas that may qualify in this scenario?
FAQ Transcript
Regarding the rules for getting a spouse visa through H-1 L-1 or O-1 nothing has changed.
It is certainly fine traveling with a tourist visa to the US after marriage, if you can convince the government that you are not going to break the laws which means staying in violation of your visa.
Regarding the US having any special agreements, there are only two kinds of visitor visas: regular ones and visa waiver or ESTA visa. There are special visas for example in Australia there is something called an E-3 visa which is very much like an H-1B and more or less a dual intent visa.
National Interest Waiver (NIW) Filing When Priority Date is Not Current
Question details
I am a staff in University of Pittsburgh and still have 3 more years to complete 6 yrs of my H1B. H1B sponsorship is an issue for me getting a new job.
1) When I apply for a NIW -EB2, can I simultaneously apply for I140, EAD, 485 simultaneously?
2) Although the green card date for Indians with EB2 is not current, can USCIS approve my EAD much earlier ( may be within a year) compared to approving 485 which might take several years?
3) Further can I use that approved EAD to change jobs by bypassing H1B sponsorship?
FAQ Transcript
1. No because the dates are not current. If your country of birth is India you cannot file them together.
2. No because you can't get I-485 filed.
3. Remember NIW is not bound to a particular job except for physicians. Doctors are different, but NIW for non physician employment is not tied to a particular position you can change jobs as many times as you like as long as you are still working in the area of 'intrinsic merit' which is the basis of your filing.
Note: 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.
Sample Cases of National Interest Waiver - NIW
What is a National Interest Waiver?
Preliminary Note: The following discussion examines National Interest Waiver, other than that for foreign physicians. The nature of NIW for foreign physicians is different and requires a separate discussion.
NIW: Porting priority date
Question details
Hello, Let me start with my question: Is it possible to port priority date from an existing employer sponsored EB2 petition to a new EB2 NIW petition ? I am an Indian citizen with a masters degree in Electrical Engineering from Univ. of Maryland College Park. I have a pending EB2 petition (approved I140) through my employer but am also exploring a self petitioned EB2 NIW application in parallel. I would like to understand if the earlier priority date from my employer sponsored petition can be ported to the NIW petition, if approved. Please advise. Thank You Mathew
Yes. You can port the PD.
Recording for June 01, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
Discussion Topics, June 1, 2023
Recording for June 15, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Citizenship and Naturalization
Discussion Topics:
Recording for July 27, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: Can I omit a previous experience in PERM filing and I-140 transfer between companies? || Sponsoring Employment-Based immigration petition for Self-Employment: EB-2 or EB-1 I-140 || H-1B visa holder working remotely from India: Permissibility of working for an Indian company and also starting a business in India || Starting a new venture as an H-1B visa holder: Establishing an LLC/CCORP and Involvement as a Board Member and Founder
Recording for August 24, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
FAQs: - Green card processing, F-1 visa, and H-1B transition: Travel and work considerations - Difference between H-1B consular processing and change of status
NIW Criteria
Question details
I am currently doing my bachelor's in Computer Science outside the US, my goal is to work in an industry that generally doesn't sponsor visas. I was born in Canada, so just a ROW backlog. Since I can't rely on anyone sponsoring H1B or even TN(also not a TN classified job), I will need a green card before working in the industry.
I'm wondering how difficult it is to get an EB2-NIW with just a bachelor's (exceptional ability), can you explain the process and criteria for this if possible?
My field is adjacent to AI/ML right now I'm doing an internship as an Undergraduate research assistant and by the end, I should have 6 internships (not sure if this helps). The criteria I'm going for (obviously just a guess right now) I'm planning to get a few certifications for AI/ML (from reputable organizations).
I will have a degree in the field. I'm already a member of a few organizations in my field. I can get my professors, managers during my internships and other peers, to write recommendation letters for me.
Can you provide some context as to what they are looking for in this category and it would be great if you could give some recommendations on what I can do to build a solid case. I'm already a member of a few organizations in my field (eg: IEEE and BCS)
FAQ Transcript
As long as you have a change of status, such as an F-1 to H-1B change, visa stamping is not an issue when transitioning from a B-2 to H-1B. The key consideration is the validity of your I-94 while inside the USA.
Recording for February 15, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: Blacklisted employer, F-1, H-1B, L-1 turned back at the airport || H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card || National Interest Waiver standards; AI list of critical and emerging technologies focus || OPT EAD errors and typos: Eligibility for resubmission or renewal strategy? || How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays