National Interest Waivers
This is a self-sponsored, immigrant petition and waives the requirement of a job offer (nothing to do with the 2-year requirement of J-1s).
There are two types of National Interest Waivers:
The Dhanasar test must satisfy the following three parts:
Like the EB-1, given the very subjective nature of the review process, it is important to make a great impression on the reviewing USCIS officer via strong letters of support and the persuasive presentation of the supporting evidence. Having an experienced attorney working closely with the applicant to properly highlight the applicant’s abilities is critical to the submission of a strong petition.
For those who do not have an advanced degree and must also show exceptional ability, in addition to satisfying the Dhanasar test, the applicants must present three of the following:
Other comparable evidence of eligibility is also acceptable.
Physician National Interest Waiver through commitment to five (5) years of service in a medically underserved or health professional shortage area.
Few interesting and sometimes overlooked facts of the physicians NIW application:
Radu C. Vasilescu
The treaty investor visa is a great option for those who are looking to start a business in the United States.
Companies in the US who also have an affiliate, subsidiary or other related company abroad, is allowed to transfer certain employees to the US company.
Perhaps the most coveted of all immigrant petitions, the EB-1A does not require the offer of employment.
An immigrant petition in the EB-2 category that waives the requirement of a job offer.
Non-immigrant visa/status that allows one to work in the USA.
The Labor Certification, also commonly referred to as PERM, is the process by which an employer sponsors an employee for an immigrant petition.
The H-1B is a non-immigrant visa/status that allows one to work in the United States.
Some J-1 professionals are subject to the two-year home residency requirement, and require a waiver before being able to apply for an H-1B, or adjust status to a permanent resident.
Immigration through a qualified family member requires an I-130 (petition for alien relative) where the familial relationship has to be established.
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