National Interest Waiver

I’m considering to hire a lawyer for green card application. I applied green card under the NIW category before, however was rejected a year ago. I’m currently under H1b visa, my position will end in a month. I havn’t found another job yet. I attatched my CV here and would like to know if my case stands a chance. Thanks!

Deciding when to file an NIW petition is very important because any denials will follow you when you make a new application. On each application, you must disclose previous denials and the adjudications officer will pull your old file to see why it was denied and you the reasons for the last denial against you. At this point, I would recommend filing a new NIW only if you are able to overcome the reason why the last application was denied. We have handled many second filings with success but we will have to carefully review your accomplishments and the previous denial decision.

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.

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.

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.

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.