National Interest Waiver

Physician J1 Waiver Job While Applicant is Outside of the US

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I am a physician intraining Board certified from the US.

I will be finishing my training in New York city, and will be living in Canada for family reasons.

My 2 years home residency are in my country of last permanent residency which is Lebanon and not Canada.

Can I apply for a J1 waiver job through your office despite the fact that my J1 status expired and I didnt fullfill my 2 years home residency? and I am living in Canada and not the USA? or the only way to apply for a J1 waiver is if the J1 visa is still valid and I am still physically present in the USA and still didnt finish my training in the US??

Knowing that I finished my internal medicine training and am already Board certified.

Thank you

You do not need to be present in the US to apply for a J1 waiver. As long as you obtain a full time job offer to work in an underserved (HPSA/MUA) area, we can help you. Once the waiver is approved, you will need to enter on an H1B visa to begin work for the following three years.

Physician NIW – HPSA/MUA Employment

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Hello, I would like to know how long after signing a contract you can file the NIW application. I am finishing my 3 year J1 waiver, and will transfer jobs to another MUA/HPSA location, but I hear you couldn’t file before 6 months of the contract date. Is that period related to the original 3y contract for the waiver or the second one?

Also, can I start working with you on the application before I secure the contract?

Filing the NIW can begin before securing the employment contract but you will not be able to gain State support until you do so. State support of the waiver is mandatory before you can secure the waiver. Filing deadline with the State varies from state to state. We can start on your application now and ensure that your file is properly prepared when the application window opens.

NIW Minimum Requirements

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I’m considering filing a green card through the NIW. What are the minimum requirements to apply for an NIW? To apply for an NIW, do I have to be both an Advanced Degree Professional and Alien of Exceptional Ability?

The national interest waiver is within the EB2 category and must meet the minimum requirements of EB2 which is evidence of an advanced degree or exceptional ability.

NIW Recommendation Letter

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I’ve attached my CV for you to review to see if I’m qualified for NIW. I have one issue.  I don’t really get along with my boss. If my boss is not willing to write a strong letter of recommendation for me, can I still have a successful NIW?

While it is certainly helpful to obtain a letter from your boss certifying that your work is in the national interest and that you are playing an important role, it is not mandatory. In fact, under the NIW category, a job or job offer is not even a requirement. Evidence of your accomplishments in the field and other letters from your peers can be used instead.

Principle Green Card Applicant to File Without Dependents

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I’m ready to have you handle my green card case through both EB1 and NIW. I do not want to file the green cards petition for my wife and daughters at this time due to our financial situation. Is it Ok if I have my case approved first then file for them? Will they still be able to benefit from my approval? Thanks.

While it is possible under immigration law to do what you are requesting, it can be dangerous if not timed perfectly. I understand that an additional $3,030 in filing fees is a lot of money but I would recommend you either 1. File your EB1 and NIW first without any green card application or 2. Borrowing the money or wait until you’ve saved sufficient funds and then file for everyone simultaneously.

H1B Visa Application while I-140 NIW is Pending

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I’m currently on OPT and I just got a job offer. The company is willing to sponsor me for an H1B visa. I have a pending I-140 through NIW. Can I apply for an H1B visa while my I-140 is pending.

Certainly. An H1B Visa allows the applicant to have both immigrant and nonimmigrant intent so you may apply and obtain an H1B visa while you have a green card application pending.

J1 Waiver for a J2 Holder

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I have J1 visa and my spouse J2 visa. Our visa expires on September 6, 2012 and I am leaving with my kids back. But my husband needs to stay here in order to improve his English and get some upgrade in his education. But he has as I do, two year rule restriction. Can you help us to waive this 2-year rule? If I am not intending to stay here and planning to leave in April, is it possible that the process goes without me. Or is it necessary, that I stay here till the decision is made.

Canceling the labor certification is not required. You can file simultaneous EB1 and NIW petitions and We can help you with a waiver. You do not need to stay here until the decision to be made but it’s not possible to process the case without you.

Fast NIW Green Cards

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I heard you from a friend who received his green card through NIW in less than a month after filing. I looked at your approved petitions and found more NIW and EB1 petitions approved in weeks. I can’t believe this. I have a pending labor which was filed in the beginning of last year. In this case, do I need to withdraw the labor then file NIW or file NIW immediately without canceling the labor. Please let me know ASAP so I can start my case with you. Thank you.

Canceling the labor certification is not required. You can file simultaneous EB1 and NIW petitions and retain the labor certification filing. For many scientists and researchers, a labor certification is not required and will significantly lengthen the amount of time it takes to obtain residency. In addition, the NIW and EB1 avenues do not require employer sponsorship which is very difficult for the majority of new PhD holders to obtain. Please send us a copy of your CV/resume and we can determine if you are qualified for a self sponsored EB1 and/or NIW application.

H1B Visa Stamping for Researchers and Scientists

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My company recently filed my H1B application which was quickly approved by USCIS. I went to the US Consulate in Chennai for stamping and they asked me to complete a detailed questionnaire about my research, my qualifications and how my trip to the US will benefit my research. I wasn’t expecting this and they told me that my answers could result in an indefinite wait for the visa stamp. Is there anything you can do to help?

While these questionnaires would appear to be more applicable to EB1 or NIW beneficiaries, they are actually for a Security Advisory Opinion from the US Department of State. These lengthy questionnaires are becoming more and more common for persons coming to the US to do any sort of research whether the application is for H1B visa, O-1 visa or EB1 or NIW. .Most of our clients are getting clearance in about 1-2 months and we are instructing applicants to plan ahead.

Entrepreneur NIW: The National Interest Waiver for Entrepreneurs

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In an effort to encourage foreign nationals to immigrate to the United States, establish or purchase a business and employ US persons, USCIS has established a new set of regulations specifically for foreign entrepreneurs.  This new regulations allow entrepreneurs to utilize the H1B visa to establish and run a business in the US temporarily and obtain permanent residency through the EB2 green card category as well as the EB2 NIW category.  This blog post will cover using the NIW to obtain a green card by establishing a US business and hiring US workers.

The National Interest Waiver allows a foreign national to apply for permanent residency through the EB2 category without having a US employer or a job offer.  This means that there is no requirement to undergo PERM labor certification and petitions can be approved in as little as 3 months provided that the entrepreneur’s immigration is in the national interest.

The entrepreneur can show his immigration is in the national interest if he can establish the following three points.

1. The NIW entrepreneur must seek employment in an area that has substantial intrinsic merit.  An example would be a structural engineer working on highway bridges.
2. The NIW entrepreneur must demonstrate that the proposed benefit to be provided will be national in scope.   For example, the entrepreneur might be able to demonstrate that the jobs his or her business enterprise will create in a discrete locality will also create (or “spin off”) related jobs in other parts of the nation. Or, as another example, the entrepreneur might be able to establish that the jobs created locally will have a positive national impact.
3. The NIW entrepreneur must demonstrate that the entrepreneur will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.  The entrepreneur who demonstrates that his or her business enterprise will create jobs for U.S. workers or otherwise enhance the welfare of the United States may qualify for an NIW. For example, the entrepreneur may not be taking a job opportunity from a U.S. worker but instead may be creating new job opportunities for U.S. workers. The creation of jobs domestically for U.S. workers may serve the national interest to a substantially greater degree than the work of others in the same field.

The USCIS finally recognizing that immigrants are vitally important to the success of the US economy and are providing additional avenues to permanent residence for them.  If you are considering starting, purchasing or expanding a US business, the NIW may be the right choice for you.