Lawyer for Riverhead National Interest Waiver
Our New York-based firm, Shankar Issues Offices, focuses solely on immigration law. This covers asylum claims, naturalization applications, and removal defense. We are an immigration legal business with offices in Riverhead that only deals with immigration. We are aware that dealing with a complicated immigration issue can be incredibly stressful. By making a sensible choice in an immigration attorney, you can lower or avoid stress. Let us worry about it for you! We fight for the best outcome starting the minute we accept a case, giving it all of our focus. As a first-generation immigrant, a former police officer with the NYPD, and an international instructor for the U.S. Legal education programs supported by the State Department are provided to you by Shankar Lawyers, who have both domestic and foreign expertise.
National Interest Waivers (NIW)
Waivers of National Interest
An opportunity for a green card based on achievement is the “national interest waiver” (NIW). If you are working on a project that is in the national interest and have a strong track record of success in your industry, you may be eligible for this waiver. Postdocs and Ph.D. candidates frequently use the NIW category, but other scholars, artists, entrepreneurs, and others may also use it.
New York State Department of Transportation is one of the landmark rulings by the Board of Immigration Appeals about the requirements for National Interest Waiver cases. The standard for eligibility for a green card in this category is laid out in this case.
Qualifications for National Interest Waivers
The threshold requirement for a national interest waiver is a master’s degree or “exceptional ability” in your field.
A three-part test is a primary criterion. To be eligible for a national interest waiver, you must satisfy all three requirements:
There must be “strong intrinsic merit” in what you accomplish;
Your endeavor must have “national in scope” as opposed to merely “local” benefits.
You must demonstrate that you can benefit the country “significantly more than would an eligible U.S. worker with the same minimal qualifications” based on your prior achievements.
Benefits of Waivers for National Interest
The following benefits of the national interest waiver above the conventional labor certification route to a green card include:
not necessitating a labor certification
does not call for a commitment to a long-term position in America.
quicker than the procedure for labor certification. By using concurrent filing, you can get work authorization and an advance parole document—which enables overseas travel—much more quickly than with labor certification. Your spouse and kids may also be permitted to work and travel.
more adaptable than the procedure for labor certification. You can change employment far sooner and can transition to a much wider choice of job alternatives than you can with the labor certification process.
Self-petition is possible. In other words, no one at the college or workplace where you work needs to sign the petition. You may even be able to work for yourself in some circumstances.
For academics, postdocs, Ph.D. candidates, business professionals, artists, professional dancers, Chinese medicine experts, and industry researchers, Shankar Law Office has been successful in obtaining hundreds of national interest waivers over the years. Some of these clients did not own a long-term job offer from an American employer. We have defended NIW petitioners from all around the country.
Negative Features in Comparison to Other Options
Compared to the labor certification process, the national interest waiver has some drawbacks. Not just someone with “excellent grades,” not just someone who just so happens to be working on a significant federally sponsored project—you have to be good (no matter how important that project may seem). So, not everyone is eligible.
If you file on your own or seek assistance from someone unfamiliar with this particular branch of immigration law, the national interest waiver procedure may likewise be less predictable than the labor certification procedure.
You must submit a Form I-140 petition, Form ETA 750B, and accompanying papers directly to the relevant Immigration Service Center to get a national interest waiver. There is nothing you need to submit to the Department of Labor. Along with receiving work and travel permits, you may also submit your application for permanent residence along with your I-140 Petition.
The caseload at the Immigration Service Center, which can fluctuate significantly over time, affects how quickly national interest waivers are processed. processing times right now
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