How long eb2 niw
In the precedent case Matter of Dhanasar , the AAO stated that endeavor's merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education.
Evidence to establish that the beneficiary's proposed endeavor has substantial merit consists of, but is not limited to, the following:. Documentary evidence that supports the petitioner's statements and establishes the endeavor's merit.
In determining whether the proposed endeavor has national importance, the immigration officers consider its potential prospective impact. Evidence to establish that the beneficiary's proposed endeavor has national importance consists of, but is not limited to, the following:. Documentary evidence that supports the petitioner's statements and establishes the endeavor's national importance.
Such evidence must demonstrate the endeavor's prospective impact, and may consist of, but is not limited to, evidence that shows the proposed endeavor:.
Examples of evidence can be detailed expert letters that demonstrate the interest of the U. For this requirement, USCIS may evaluate whether the projected benefits of a foreign national to national interest outweighs the necessity of a labor market test of seeking equivalently qualified U. A variety of evidence should be presented to demonstrate how the foreign national qualifies for a National Interest Waiver.
It is not sufficient, therefore, to simply list the foreign national's achievements. A holistic approach must be taken to ensure that all together, the petition, letters of recommendation, and supporting evidence will prove that the foreign national is qualified for a National Interest Waiver. There is no specific minimum publication or citation requirement; rather, it is determined by USCIS on a case-by-case basis.
But you have to file a separate Form I petition, with the required separate filing fee and supporting documentation for each requested visa category.
Do not check multiple categories on one I Form. Priority date mostly matters for people from China and India because priority date is not current for people born in these two countries. The retrogression can be for several years. Usually, the priority date for foreign nationals born in the rest of the countries is current under EB-2 visa.
However, according to the Department of State DOS , the priority date may not be current for the months close to the last month of the fiscal year October. This question can be easily answered by sending our attorneys your resume.
Send us your resume to our attorney today at law wegreened. The law does not restrict the time you can file your EB2 NIW petition after the denial of your previous filing. A previously denied petition does not bar you from submitting another petition subsequently, regardless which classification is concerned.
However, unless your circumstances have improved, it is not advisable to simply submit a similar petition again. A letter of recommendation is also called reference letter, and it is a letter written by an expert in the foreign national's field or some otherwise authoritative individual in an allied or related field.
Recommendation letters are essential in petition for employment-based immigration benefits. Given that adjudicating officers are rarely experts in your field, one way for them to determine whether a foreign national qualifies for the standard set in the Matter of Dhanasar decision is by looking at objective evidence submitted.
A recommendation letter is among the most important of them. The foreign national's inner circle includes those he or she has directly worked with either in academia or in business. While these letters are often the most glowing, they can carry less weight as they are possibly biased.
Letters of recommendation are hard to draft, yet good letters of recommendation will substantially boost your chance of successful petition. After you retain us, our firm will help you obtain good recommendation letters step-by-step:. If you petition for yourself, changing employers should not affect the status of your case, and your petition will remain active. After you start to work with us, you should discuss with our attorneys before you change jobs so that we can determine if the new position still meets the EB2 NIW requirements.
Our firm has successfully petitioned for many Ph. After the Dhanasar decision, the education background is a factor the officer considers when assessing whether an applicant is "well-positioned to advance the proposed endeavor". The approval rate for these cases remained high. You can visit our blog for success stories for applicants who were still Ph. Our firm has successfully petitioned for many clients who were outside the U.
We would be happy to help you determine if you would be eligible for concurrent filing of your I and I One of the most common ways for the EB2 visa application process to be delayed if you are subject to an audit during the PERM application process. This can be either targeted or random. Random audits can also happen. These can delay your applications for up to one year. For this reason, it is valuable to work with an experienced immigration lawyer to help diminish the chance of targeted audits.
It is also important to keep all relevant documents in case of a random audit. Additionally, if USCIS has concerns about any aspect of the petition, they can submit a request for evidence. This can delay the process as well. Finally, if there are any other concerns such as application inconsistencies, security issues that come up during the final consular interview, that may also delay the process by several months. As previously mentioned, the factor that leads to the most variance in EB2 visa processing times is the priority date system.
Only As a result, countries with more visa applicants have more demand than supply and there is a waitlist. In particular, nationals of China and India should expect long wait times. Current wait times can be found by clicking here.
Additionally, my team and I can provide you with more information about expected wait times for any country. Please feel free to email me at Michael AshooriLaw.
By avoiding the PERM process, you can save about 10 months of processing time. This can help expedite the process. Feel free to email me to discuss whether you may be eligible for an EB2 national interest waiver filing. However, if you do not qualify for the national interest waiver, you must complete the PERM labor certification. Please note that premium processing is not available for national interest waiver EB2 filings.
Another way to expedite your overall processing time is through premium processing. Premium processing is an optional service where you can pay an additional fee can get a response on your EB2 immigrant petition within 15 days as opposed to approximately months with standard processing. Unfortunately, there is no way to advance or expedite your priority date.
Thus, if you are from a country with a wait time for the visa application, there is no way to pass by that line. If you are from a country with a long wait time and you qualify for the EB1 visa, you may be able to port your priority date.
The EB1 visa is the first-preference employment-based green card visa. The EB1 visa may enable you to receive green card status faster than the EB2 visa. Please keep in mind that the EB1 visa has stricter requirements. My team and I would be happy to provide you with more information on this visa. The EB2 visa is a great option to obtain a U. It is a good option for people with advanced degrees, exceptional ability, or for those who can work in the national interest of the US, hoping to attain permanent resident status in the United States.
To receive an EB2 visa, you must complete a PERM labor certification unless you are in the national waiver category , a immigrant petition, and apply for an immigrant visa or adjustment of status.
This process takes at least 1 year and usually takes around 18 months from beginning the PERM prep work to receiving permanent resident status, although it can take much longer. You should now have a much better sense of the EB2 visa processing time, including the individual steps, the common delays, the ways to expedite the process, and the factors that can lead to longer processing times.
If you have any questions about the information discussed in this guide or about the EB2 visa and its processing time in general, feel free to contact me directly at Michael AshooriLaw. I am very responsive via email and I would be happy to assist you. Got a question? Send me an email. Overview: 1. Skip the research part of your immigration application. Simply answer questions we prepared for you and the completed forms are ready! Do It Yourself. Wish to prepare and file application on your own?
No worries! We will guide you through every step in preparing your application. Application Process: Step by Step Guide. Learn how to complete the forms to make your application process go smoothly. Read More. Check out more information on Visa2us Immigration Blog.
Go to immigration blog. Contact Us. Contact us at contact visa2us. Customer Service Phone Office Hours:. In some circumstances, it may be recommended for applicants to file Form I and Form I adjustment of status concurrently to save time.
Otherwise, once the I application has been approved, the applicant can proceed with the I green card filing, as long as there are available visa numbers for the preference category on the Visa Bulletin.
At the moment, visas are available for EB-2 for most countries, which means that applicants should continue to be able to file Form I adjustment of status. The work permit takes approximately 7 months on average to be approved. The processing times for the green card application also vary greatly depending on the Field Office or Service Center involved in the processing of the application.
To verify the processing times for your local office we recommend referring to the USCIS case processing times webpage. If you are interested in discussing your eligibility for the National Interest Waiver contact us today to schedule a consultation, by text or call , or check out our video below. Our law office has helped thousands of foreign nationals achieve their immigration dreams.
We have extensive experience with the EB-2 NIW process, as well as employment-based sponsorship green card options. If you are struggling with finding the best option for you, we would be happy to schedule a consultation with you. Need more immigration updates? We have created a new facebook group to address the impact of the new executive order and other changing developments related to COVID
0コメント