An EB2-NIW is an immigrant visa category that grants a foreign national lawful permanent residence without the requirement of an employment offer or a labor certificate. The job offer requirement is waived if the candidate can prove that his permanent residence in the U.S. would be of “national interest” and would benefit the country.
Yes, they are both vastly different in terms of their requirements, processing times, and the documentation required for each. Generally, an EB2 visa or other employment-based visas require a formal employment offer for an applicant to be eligible to apply. Additionally, it requires a Labor Certification from the Department of Labor.
An EB2 with NIW, on the other hand, does not require any employment offer. The applicant is not required to go through the labor certification process with the Department of Labor. This is as long as the petitioner (applicant) can prove that their admittance to the United States would be of national benefit.
Any foreign national can apply for an EB2-NIW visa. An immigration attorney is able to complete a strong application package that checks off all of the requirements and makes the appropriate legal arguments. An applicant does not need an employer.
The EB2-National Interest Waiver dismisses the need for a labor certification from the Department of Labor. The labor certification can be costly and takes time to obtain. This visa also waives the requirement of an employment offer. However, all other “entry” requirements must be met in order to become eligible for the visa.
The EB2-NIW visa is offered to foreign nationals who have earned an advanced degree or a degree that is recognized internationally as being equivalent to an advanced degree in a professional field. These persons can also satisfy this educational criterion by holding a Bachelor’s degree and possessing at least five years of experience in their profession with increasing levels of responsibility. Applicants for this visa must demonstrate that they have extraordinary qualities in one or more of the following areas: science, technology, mathematics, engineering, the arts, or business, amongst others. According to the EB2-NIW framework, a degree or certification that is higher than a bachelor’s degree is considered to be an advanced degree. The applicant can obtain this in the United States at a college or institution that is recognized in the United States, or they can earn an advanced degree that is equivalent to an American advanced degree from another country.
The following individuals are eligible to apply for an EB2-NIW:
Independent LoR is from an expert in your field with whom you have never work with. However, they may have seen your work in conferences, heard about your work from their colleagues, read your articles in journals, followed your work profile (LinkedIn, Google Scholar, etc.) or used your idea/ research in their own work.
If LoR service is included with your package, our legal team will prepare the LoRs for you if you wish.
You also need to provide the recommender’s CV. We will draft the letter based on the filled-in template, recommender’s CV, and your profile.
You do not need to be acquainted with all your recommenders. An EXPERT in your field can write you a letter based on your academic and work profile.
No, there are no extra fees for recommendation letters if the drafting service is included with your package.
Distinguished professors/ professionals of any reputable university/ company from any part of the world can make recommendations. They do not need to be U.S. citizens.
TRB is one of seven program units of the National Academies of Sciences, Engineering, and Medicine, which provides independent, objective analysis and advice to the nation and conducts other activities to solve complex problems and inform public policy decisions.
However, it’s important to note that USCIS officers are instructed to make decisions based on the evidence presented at the time of the petition filing. If you are submitting additional evidence after your initial filing, it may not be considered by the USCIS officer reviewing your case, and your case may be decided based on the evidence that was submitted with the original petition.
Tip: Please spend a substantial amount of time to prepare a strong proposed endeavor.
We recommend that you wait for your new passport. Because a valid passport is required to submit your application to the USCIS. However, you can begin the application process with us right away. We will now prepare all of the necessary documents and petitions while waiting for your passport. We will submit your application to the USCIS once you have received your new passport. In this way, it will save some time for you.
There is no application for derivative in this step; therefore no attorney fee.
However, once the first step gets approved , we move to the second step. For the second step Adjustment of Status(I-485), our fee is $1,200 for the principal applicant (You) and $700 for each derivative if you have a spouse and children.
Yes, you can. Your I-140 petition has no effect on traveling outside.
However, if you file I-485, you cannot apply for OPT or an extension of OPT until the I-485 application is decided.
It usually takes 6 months to proceed.
EB3 is the third category of immigration-based employment visa that allows a foreign applicant and his/her family (spouse and children) to permanently come to/reside in the USA and work by obtaining a green card.
EB3 visa has different categories, which may or may not require any previous educational qualification depending upon the individual category. The highest educational qualification for the EB3 category is a bachelor’s degree.
EB3 visas have different categories, which may or may not require any previous professional experience depending upon the individual category.
Currently, our fee for the total process is $7700 (PERM- $5000, I-140- $1500, I-485- $1200). In addition, the client will have to pay for job advertising fees, USCIS fees, and document shipping costs.
Yes. $700 for each additional family member when the final stage of the Green Card application is being processed.
The total cost will be $9100 ($7700 for the principal applicant and $700 for each additional family member) plus additional expenses, including job advertisement costs, USCIS fees, and document shipping costs.
Yes, both can apply for their respective position, and it will not create any contradiction.
As a law firm, we don’t provide an employer for EB3. However, we have a sister concern company (Great American Recruiter) that finds employers for interested clients and carries out the full process of EB3. You can reach out to them at info@greatamericanrecruiter.com. Please note that the Great American Recruiter has a different pricing structure.
Yes, you can adjust your visa status from B1/B2. However, please note that you will have to maintain legal visa status in the USA until your I-140 is approved and you receive your work authorization based on a pending I-485 application.
Yes, you can adjust your visa status from F1/F2. However, please note that you will have to maintain legal visa status in the USA until your I-140 is approved and you receive your work authorization based on a pending I-485 application.
If you are staying in the USA, you can apply for both. However, since an EB3 immigration visa takes more than a year due to prevailing wage determination and PERM processing, we advise you to first apply for an H4 adjustment of status application and then file an EB3 application.
Yes, if your asylum case is pending or you are a current asylee in the USA, you can apply for an EB3 immigration visa. However, if your asylum case is denied in court and you are in the deportation procedure, you cannot apply for EB3.
You may always have the option to change your job irrespective of the PERM procedure stage. However, in most cases, changing the job during the PERM process or after PERM approval means you may have to go through the PERM process all over again. PERM certification is not related to a specific employee, and it is tied to a specific job. That is why a new job will almost always require new PERM certification. Having your employer file the I-140 immigration petition is the second stage in the process and happens once PERM labor certification has been approved. Changing jobs at this stage in the process will almost always require your new employer to file a new PERM and then a new I-140 petition.
One of the big exceptions to this is if the new employer company is a successor in interest to the original employer company. This involves an understanding and analysis of mergers and acquisitions laws. Another exception involves the American Competitiveness in the Twenty First Century Act (AC-21). If the foreign worker fulfills the mobility requirements under Section 106 of the American Competitiveness in the Twenty First Century Act (AC-21), then the new employer will not need to file a new I-140 petition. Rather, they can move to a new place of employment upon the passing of 180 days after the filing of the adjustment of status (I-485) application.
No, you do not need a passport that’s been valid for more than 6 months for the Biometric/ Interview process. Just having a valid passport will do. However, please try to renew the passport before the interview. If not possible bringing an alternative photo identification will suffice.
During your Ph.D., we are assuming you are contributing as a teaching/research assistant, and that is considered as your job. Your advisor will write it for you, kindly do not forget to include a signature from your advisor following our sample job offer letter
Click “Check Status.”
The implication of filing a writ of mandamus in an immigration matter is that by filing a writ of mandamus, you can request the Court to ask the concerned Government agencies to perform their duties in a timely manner. For example, if your visa application is stuck in an administrative process, you may file a writ of mandamus requesting the Court to ask the concerned Embassy or consulate to adjudicate your visa application within a reasonable time.
Please call us at 833-725-8529 or email us at info@rajulaw.com or raju@rajulaw.com.
The process will be followed according to the 465 Immigration Procedure.
(a) Attorney Service Fee
(b) Court Fee
(c) Summon Shipment Fee
The Court fee for filing a Writ of Mandamus is US $402. The summon shipment fee is between US $170-250. It depends upon the number of defendants. The attorney service fee for F-1/J-1/M-1 based Writ of Mandamus is US $2500 and for other categories the fee is US $3000.
Note: Document requirements may vary with different programs. To check the exact requirements, please refer to the intended course page on the university website.
Keep these things in mind.
STEP 2: Now that you have noted the essentials, it is time to appear for and crack the admission exams.
Here are some helpful tips for this step:
STEP 3: Apply to the colleges and universities on your list. The application time is between November and March.
Here’s what you should consider:
STEP 4: If selected, you will get acceptance letters and interview details via email from March to April.
Here are a few things to consider:
STEP 5: The next step is to apply for a Student Visa and education loan between May and June.
Here are some tips for your benefit:
STEP 6: Book your flight tickets and fly between July and August.
Here’s what you need to plan to avoid a rush:
STEP 7: Arrive in the U.S.
International Wire Transfer – The tuition fees are directly sent to the university’s account from the bank if the student has taken an education loan; otherwise, students can directly deposit the tuition fees into the wire transfer account of the university from their personal account, if they are self-funding for their studies.
Forex Card – Students can use a Forex card to make payment of tuition fees; however, the processing fees and exchange rates may vary.
Visa/Embassy Fee – $160 (Non-refundable)
SEVIS Fee – $350 (Non-refundable)
Get an internship
H-1B is an employment-based, employer-sponsored nonimmigrant status that allows a non-citizen immigrant to work within the United States for up to six years who lives within or outside of the USA. The six-year period can be extended incrementally if the employee has an approved I-140. There are different categories of H-1B; Regular Cap, H-1B Masters Cap, and H-1B Cap Exempt. To apply for the H-1B visa, you must have an employer willing to sponsor your petition. It is also known as ‘H-1B specialty occupation’, meaning you must have the educational background and/or specialized knowledge and skills in the related field to qualify for the position.
There are two steps in the H-1B petition:
i) Application for the Labor Condition Application, and
ii) application for I-129.
March 1: H-1B registration period opens at noon EST.
March 18: H-1B registration period closes at noon EST.
March 31: Date by which USCIS intends to notify selected registrants.
April 1: The earliest date that FY H-1B cap-subject petitions may be filed.
June 30: The last date to submit your final H-1B, I-129 petition.
The H-1B is also position-specific. Therefore, if your H-1 B employer wishes to significantly change your job duties or other conditions of employment after securing approval of your H-1B petition, the employer must submit an amended petition to the USCIS. In both of these cases, under certain conditions, you MAY be eligible to be paid in the new position after the employer has received the USCIS receipt notice for the H-1B petition (this is called “H-1B portability”).
If you apply for asylum in the US, then you are an asylum seeker.
On the other hand, “asylee” is the term used in the U.S. for people who have been granted asylum. Under U.S. immigration law, a person granted asylum is legally allowed to remain in the country without fear of deportation. They qualify to work, travel abroad and apply for their spouse or children under the age of 21 to join them.
U.S. or at a port of entry (an airport or an official land crossing) to request the
opportunity to apply for asylum.
During the COVID-19 pandemic, epidemiologists and other public health experts have
made clear that asylum seekers and their children can be safely processed at the
border using public health measures.
In the affirmative asylum or defensive asylum processes, to apply for asylum, you must
complete a Form I-589, Application for Asylum and for Withholding of Removal. There
are six grounds for Application for Asylum and for Withholding of Removal:
1. race,
2. religion,
3. nationality,
4. membership in a particular social group,
5. or political opinion
6. torture convention
because of persecution or a well-founded fear of persecution on account of race,
religion, nationality, membership in a particular social group, or political opinion. One
can obtain asylum if in the United States legally or illegally; or refugee status if outside
of the United States.
this time, you will be required to have your fingerprints taken and attend an interview at
one of the eight asylum offices.
permit, or “Employment Authorization Document,” (EAD) 150 days after you have
applied for asylum. If approved, you will be eligible to receive your work permit 180 days
after you applied for asylum. If you are given a “recommended approval for a grant of
asylum” before the 150 days, you can apply for a work permit immediately.
waiting 180 days or more with no initial decision on your application from the asylum
office or from the immigration court.
applying for the EAD.
Document (EAD), an unrestricted Social Security card, cash and medical assistance,
employment assistance, and a Refugee Travel Document.
documenting that you are able to remain indefinitely in the United States as an asylee.
You will be authorized to work in the United States for as long as you remain in asylee
status. You may obtain a photo-identity document from USCIS evidencing your
employment authorization by applying for an Employment Authorization Document
(EAD). You will also be able to request derivative asylum status for any spouse or child
(unmarried and under 21 years of age as of the date you filed the asylum application, as
long as your asylum application was pending on or after Aug. 6, 2002) who was not
included as a dependent in your asylum decision and with whom you have a qualifying
relationship. This means that you will be able to petition to bring your spouse and/or
children to the United States or allow them to remain in the United States indefinitely
incident to your asylee status.
you are not currently in valid status. You will receive charging documents that place you
in removal proceedings in Immigration Court. Your asylum application will be referred to
the Immigration Court for an Immigration Judge to decide during the removal
proceedings.
weeks after the interview to pick up your decision. However, there may be longer
processing times if you were interviewed at a district office, are currently in valid status,
or if your case will be reviewed by Asylum Division Headquarters staff. You will
generally receive the decision by mail if any of these circumstances occur.
derivative asylum status. You may ask to have them included in your asylum decision if
they are in the United States; or if you are granted asylum, you can petition to bring
them to the US. (This must be done within 2 years of you being granted asylum).
have your own case separate from your parents or spouse. You may also apply for
asylum as an unaccompanied minor if you are under 18 years of age; have no parent or
legal guardian in the US that can provide care or custody; or were separated from your
parent or legal guardian.
public education kindergarten through grade 12. If you are the parent or guardian of a
child under the age of 18, by law you are required to send your child to school. Some
states require school attendance only through age 16. Visit your state’s Board of
Education website for more information.
IDs. If you are eligible to apply for a state ID, call your local Department of Motor
Vehicles (DMV) office to know what documents you will need to bring. Depending on
your state, you may also be allowed to get a driver’s license.
one year of your entry into the U.S. If you require assistance from overseas, you would
need to file for refugee status through a referral to the U.S. Refugee Admissions
Program (USRAP) for consideration as a refugee.
You may still file your application after one year of coming to the U.S. and qualify for an
exception to the one-year deadline if you can prove that you were unable to file within
the one year because of exceptional circumstances (changed or extraordinary
circumstances).
If the individual establishes that it is more likely than not that his life or freedom would
be threatened on account of their race, religion, nationality, membership in a particular
social group, or political opinion, that person may be eligible for withholding of
removal or deferral of removal. Individuals who satisfy the torture requirement may be
eligible for withholding of removal or deferral of removal under the Convention Against
Torture.
● You are not currently in removal proceedings
● You file an asylum
application within 1 year of arriving in the United States or
demonstrate that you are within an exception to that rule.
must disclose any criminal history on your Form I-589, Application for Asylum and for
Withholding of Removal, and at your asylum interview. If you do not disclose such
information, your asylum claim will be referred to the immigration court and may result in
fines or imprisonment for committing perjury.
have your fingerprints taken after we receive your asylum application. You are exempt
from the fingerprinting fee and do not need to submit a fingerprint card. Your spouse
and children will also need to be fingerprinted if they are between 12 years and 9
months of age and 79 years of age.
turned 21 after you filed your application and while it remains pending.
you filed your application unless there are exceptional circumstances.
immigration proceedings before an immigration court.
be fluent in both English and a language you speak and must be at least 18 years old.
USCIS does not provide any interpreters during the asylum interview. The following
people cannot serve as your interpreter:
● Your attorney or representative of record,
● A witness testifying on your behalf at the interview,
● A representative or employee of your country.
translation of the document in English.
United States without first obtaining advance parole. Advance parole allows certain
individuals to return to the United States without a visa after traveling abroad. If you
leave the United States without first obtaining advance parole, we will presume you
abandoned your asylum application. Advance parole does not guarantee that you will
be allowed to reenter the United States.
applicant’s written consent or the Secretary of Homeland Security’s specific
authorization.
for Minor Children page from the USCIS website.
removed from the United States. At your hearing, you can ask the Judge for more time
to find a lawyer.
permanent residence) one year after the date upon which you were granted final asylum
status. Generally, a green card holder can apply for U.S. citizenship after 5 years of
continuous permanent residence. Since asylees’ green cards are backdated one year,
they can apply to naturalize four years after obtaining permanent residence.
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