NIW (National Interest Waiver)

Frequently Asked Questions for EB-2 NIW (National Interest Waiver)

Frequently Asked Questions for EB-2 NIW (National Interest Waiver)
NIW; NIW Requirements; Legal Fees of NIW; Processing of NIW; NIW FAQs
NIW Success

What is an EB-2 National Interest Waiver (NIW)?

Unlike Employment Based Category 1 (EB-1), a labor certification and a specific job offer are required for an application of second preference of employment-based immigrant visa. However, a non-resident may ask for a waiver of the job offer requirement by proving that his/her permanent residence will be in the “national interest” of the U.S.

What are the differences between EB-2 and EB-2 NIW petitions?

For a common EB-2 case, the non-resident needs a sponsor employer and the employer (petitioner) needs a labor certification before filing Form I-140. The non-resident therefore is called a beneficiary. The application needs to prove the qualifications of the non-resident beneficiary (expert ability or advanced degree). The non-resident can self-petition or have his/her employer be the petitioner in an EB-2 NIW case. The application not only needs to prove the non-resident’s qualifications under EB-2 but also the qualification of national interest waiver (NYDOT three-prong test). Usually, it is harder to get the immigration benefit under EB-2 NIW rather than regular EB-2. However, if you do not have a sponsoring employer, you can only file NIW.

If I am qualified for a NIW case, should I do self-petition or ask my employer to be my sponsor?

Past cases show a difference between non-residents who have an employer sponsor and non-residents who have self-petitioned. Usually, it is better to have the business or organization petition for the applicant if the non-resident’s employer has a well-known reputation in the relevant area. However, if the non-resident has been authorized for NIW, it should not make a difference who files the petition.

What does NIW waive?

The requirements of a job offer and a labor certification are waived by the national interest waiver, but the basic “entry” requirements for second preference classification are not waived. A national interest waiver cannot be granted until the requirements for second preference have been met.

Who qualifies under EB-2?

To qualify for EB-2, a non-resident must have expert ability in business, the arts, or the sciences OR the non-resident needs to have an advanced degree or its foreign equivalent in the relevant field.

What is an advanced degree for the purpose of EB-2?

For EB-2 purposes, an advanced degree is a U.S. degree above a bachelors’ or its equivalent degree from a foreign country.

What is the “equivalent in professional fields” of an advanced degree?

If the non-resident beneficiary has been awarded a U.S. bachelors’ degree or its foreign equivalent, then the beneficiary must have a minimum of five years of continuous post-baccalaureate experience in the area of expertise plus the bachelor’s degree in order to meet the degree requirement for an EB-2 visa.

Is there any restriction of “equivalent in professional fields” of advanced degree?

The USCIS policy states that the labor certification must reference the employer’s requirements as a bachelor’s degree plus five years of relevant experience or a master’s degree. If these requirements are not referenced in the labor certification, the USCIS will not acknowledge the bachelor’s degree plus experience as being equivalent to a master’s degree.

What is “exception ability” for the purpose of an EB-2 petition?

Non-residents with expert ability in business, the arts, or the sciences make up the second employment-based preference group. Athletes can be considered non-residents of expert abilities in the arts when qualifying for the second employment-based preference.

Who has “exception ability”?

The definition of “exception ability” is not specified by the law, but it does say that the non-resident beneficiary should have expertise above others in the relevant field.

Does the receipt of a certain degree or certificate constitute “exception ability”?

The answer is no, “exception ability” is not proven by receiving a certificate or degree. The USCIS declared that possession of a certificate, diploma, degree, or similar awards from a school, university, college, or other institution is not satisfactory to prove “exception ability”. Also, a certificate or license to practice an occupation or profession is not sufficient to prove “exception ability”.

What document qualifies as evidence of “exception ability”?

To prove exceptional ability in business, the arts, or the sciences, an applicant must document a minimum of three of the following:
A certified academic document showing that the non-resident has a certificate, diploma, degree, or comparable award from a school, university, college, or other institution of higher learning relating to the area of expertise;
Evidence letters from former or current employers proving that the non-resident has a minimum of 10 years of permanent experience in the field;
A license to practice the certification or profession for a specific occupation or profession;
Verification that the non-resident has received a salary or other payment for services that show exceptional ability;
Evidence of participation in a professional organization; or
Verification of recognition for accomplishments and substantial contributions to the field or industry by government entities, peers, or business or professional associations.

Can other evidence be considered along with the six listed evidences of “exception ability”?

The answer is yes. The USCIS has stated that other comparable evidence will be accepted if it is applicable to the non-resident’s petition if the evidence listed above cannot be provided.

Can an athlete be considered as a non-resident beneficiary of exceptional ability? In what field?

The answer is yes. Athletes can be considered non-residents of exceptional abilities in the arts for the purpose of qualification for the second employment-based preference.

What are the restrictions for healthcare workers seeking EB-2 classification?

There are special certification requirements for some healthcare workers applying for EB-2 classification. Whether trained in the U.S. or abroad, nurses, physician assistants, speech-language pathologists, occupational and physical therapists, and medical technicians and technologists are required to get certification in order to be qualified for EB-2 visas. Most of these healthcare workers requesting a visa or status adjustment will be either EB-3 skilled workers/specialists or EB-2 advanced-degree specialists.

Can a foreign medical degree qualify as being equal to a U.S. M.D. degree for an EB-2 petition?

If several requirements are met when the labor certification is filed, then a foreign medical degree will qualify as being equivalent to a U.S. M.D. degree. The non-resident must prove that he or she:
Has obtained a foreign medical degree from a school that requires a foreign beneficiary to acquire a U.S. equivalent bachelor’s degree as a requirement for admission;
Has obtained a foreign medical degree and has provided a foreign education credential evaluation that explains how the foreign medical degree is equivalent to a U.S. accredited medical school degree; or
Has obtained a foreign medical degree and has passed the National Board of Medical Examiners Examination (NBMEE) or an equivalent examination, i.e., the U.S. Medical Licensing Examination (USMLE), Steps 1, 2, and 3.

Who can file an application under NIW?

A foreign beneficiary can file his/her own petition (self-petition) with USCIS for this preference classification. An employer can also petition for the non-resident beneficiary.

Who qualifies under NIW?

A non-resident beneficiary who is qualified under EB-2, and:
The non-resident beneficiary passes the NYDOT three-prong test: proposed benefit of national scope, area of significant intrinsic merit, and substantial benefit in the “national interest” field; or
The non-resident beneficiary physician agrees to work full time in a Department of Health and Human Service (HHS) designated field as a health professional in a Veterans Administration (VA) hospital or shortage area, and a state department of public health or a federal agency has established that the physician’s work is in the public interest.

What form does a NIW petitioner file?

The NIW petition includes filing Form I-140.

Is a labor certification required before the filing of I-140 of NIW?

A labor certification is NOT required before filing the I-140 for NIW since a labor certification is waived.

Is a job offer required for NIW?

A job offer is NOT required for NIW.

What are the major advantages of applying for EB-2 NIW?

A labor certification is not required;
A permanent job position or job offer is not required;
Self-petition is permitted; and
Most visas except from China and India are current.

What is national interest?

Past case decisions indicate that the government demands a direct advantage to the general public before it will decide that a job is in the national interest. Some factors that have contributed to successful petitions include:
The non-resident’s admission will enhance the U.S. economy.
The non-resident’s admission will advance working conditions and wages of U.S. workers.
The non-resident’s admission will provide more reasonably priced housing for poor, aged, or young, aged, U.S. residents.
The non-resident’s admission will enrich the U.S. environment and promote more efficient use of national resources.
The non-resident’s admission is ask for by a relevant U.S. government agency.

How difficult is it to have a NIW petition approved?

A non-resident beneficiary trying to meet the NIW requirements must perform substantially above the normal level to prove “prospective national benefit”. The non-resident must prove that the job offer waiver or exemption will be in the national interest, and every case will be decided individually. For a qualified beneficiary, the success of the case will depend upon the evidence that is presented and the persuasiveness of the argument.

What eligibility criteria should be identified in the case of NIW petitions on Form I-140?

The I-140 application for Member of the Professions Holding an Advanced Degree or a Foreign Beneficiary of Exceptional Ability, requesting a National Interest Waiver Foreign Beneficiary of Exceptional Ability should provide the following evidence:
Distinguish how the non-resident beneficiary qualifies for classification as a representative of the advanced degree professions (i.e., the non-resident beneficiary possesses an advanced degree, the non-resident beneficiary possesses a bachelor’s degree plus five years of advancing experience, or the non-resident beneficiary qualifies as one of expert ability).
Distinguish the three required eligibility conditions (national scope, intrinsic merit, and national interest) and submit the required evidence to prove the eligibility of each one (based on New York State Department of Transportation).

What standard does the USCIS accept to determine a NIW case?

The decision regarding the New York State Department of Transportation (NYDOT) established new conditions for obtaining NIWs that were adopted by the USCIS. The AAO (Administrative Appeal Office) determined that three factors must be weighed when examining an NIW request:
Area of Substantial Intrinsic Merit;
Proposed Benefit of National Scope; and
Significant Benefit in the “National Interest” Field.

What is the requirement of “area of substantial intrinsic merit” in NYDOT? Is it difficult to meet?

In the precedent-setting NYDOT case, the court determined that the applicant must prove that the non-resident’s intended employment is in an area of substantial intrinsic merit. The significance of the profession or the area of expertise must be proven as an entrance requirement. If a specific area of expertise is linked to a significant national goal, the requirement should be easy to prove.

What activity is within “national scope” in NYDOT? Is the requirement difficult to meet?

The focus of this condition is on the existence of a national goal that will be enhanced by the non-resident’s activity. Promoting a private, local, or regional goal is not acceptable. The connection between the non-resident beneficiary’s activity and the national goal does not have to be direct. Any economic activity, even local, would provide a link to the national economy and would enhance the national interest. The NYDOT example of working on the state’s bridge and road infrastructure supports this statement. Furthermore, the NYDOT decision indicated that extensive evidence was not expected and a simple explanation supporting national interest would be sufficient.

What activity is not “within national scope” in NYDOT?

AAO decisions after the NYDOT case state that certain activities are not sufficient to be national in scope. Examples are pro bono attorneys, gourmet chefs, and teachers because their influence on national scope is too insignificant.

What is the standard of “significant benefit in the national interest field” in NYDOT?

 

A NIW application must prove that the “significant” advantage gained from the non-resident’s participation in the “national interest” area of expertise “considerably” offsets the “inherent” national interest in defending U.S. workers in the labor certification process. The applicant must present strong counteracting evidence to prove that the advantage of the non-resident beneficiary’s background and skills “considerably outweigh” the national interest in the labor certification process.
The AAO has indicated that the third prong in NYDOT can be fulfilled if the non-resident beneficiary would benefit the national interest “to a substantially greater degree than would an available U.S. worker having the same minimal qualifications.” The beneficiary must prove the advantage to the national interest by a record of accomplishments “with some degree of influence on the field as a whole.”

What factors does the USCIS consider when determining whether the non-resident beneficiary will significantly benefit the national interest field?

In deciding whether the applicant has proven the third prong of the NYDOT condition, post-NYDOT decisions have contemplated several factors:
The non-resident’s position in the area of expertise;
The minimum training, experience, and education required to accomplish the duties in question;
The value of the proof;
Self-employment;
Labor certification delays; and
The employer’s futile recruitment attempts.
What supporting evidence will best prove that the non-resident will significantly advance the national interest field?
Along with proving that the non-resident is significantly more advanced than the peers in the area of expertise, NYSDOT also requires that the advantage of a non-resident’s work must greatly surpass the accomplishments and substantial contributions that a non-resident must have to prove exceptional ability for an EB-2 visa. To fulfill these requirements, a NIW application should include significant supporting documentation, including:
Past Accomplishments and Contributions: When considering the quality of the documentation, the AAO has concentrated on a record of beneficial contributions made by the non-resident beneficiary and the essential role of the non-resident beneficiary in “cutting edge” tasks. The AAO has stated that only substantial, direct indicators of a “track record of success” would validate a research-based waiver request.
Detailed Description of Position to be Hired: A job offer is not required for NIW cases. However, if a job is offered, a detailed description of the position will help prove the required expert knowledge for the NIW case. Employers should provide documentation proving the relevant impact to national interest of the duties of the non-resident’s current position in the area of expertise, and the critical role the non-resident beneficiary plays in that position. The qualifications and how they help advance the expert position should be proven. The evidence should prove that less skilled employees would not be able to perform the duties of the position. Expert letters and statements should detail the specifics of the case and emphasize the critical aspects of the non-resident’s position.
Recommendation Letters from Experts in the Area of Expertise: The NYDOT case decisions determine that the qualifications of “experts” providing recommendations are critical, and that the more advanced the supporters qualifications, the greater the emphasis of the letters of support.
Supporting letters from authorities or experts have more influence. Usually, experts or authorities in the area of expertise have greater influence on the case decision and recommendation letters from these experts should be submitted with a statement that proves the qualifications of the expert.
Supporting letters from undistinguished or closely-related persons have little influence. Recommendations from other employees in the same organization employing the non-resident beneficiary have little or no influence on the case because they lack independence and expertise in the relevant field.

What are the requirements for a physician seeking benefits of NIW?

Under 1999 legislation, the USCIS must award an NIW if:
The physician consents to work:
Full-time in an area specified by the Department of Health and Human Service (HHS) as a health professional deprived area or in a Veterans Administration (VA) hospital;
In the areas of general internal medicine, family/general medicine, psychiatry, pediatrics, and obstetrics/gynecology;
For an “aggregate” of five years.
Or a state department of public health or a federal agency has established that the physician’s work is in the public interest.

How many publications are sufficient to meet NIW requirements?

There is not a minimum number of publications required for NIW. The USCIS decides the number on an individual case basis.

How should I argue in the petition letter to increase my chance of approval?

The following are two tips of presenting evidence in your NIW petition letter:
Providing a Basis of Comparison
The applicant can answer questions from the USCIS about the level of expertise above peers in the relevant area is to submit evidence that shows a comparison between you and the typical peers in your area of expertise. For instance, if you work in a field that typically has academic articles regularly published, documentation could be shown that the articles have been published in prestigious publications, have been reviewed by expert peers, or have been cited often in other academic articles. For example, in the field of electrical engineering, the most notable conference is the ISSCC (International Solid-State Circuits Conference), so any documentation showing that you have presented an article at the conference is strong evidence that you are advanced in the field of electrical engineering.
Comparing to Approved Cases
Even though USCIS tries to minimize the comparison of your case to approved cases in the same area of expertise, the court deemed that the agency rules state that comparisons with others in the same field are standards for awarding NIW petitions. USCIS decisions in other similar cases is indicative of the possible outcome of any current NIW cases. It is crucial to compare any approved cases to your case and argue accordingly. For example if an approved case had evidence of 80 citations, then your case with 81 citations should be argued as being sufficient evidence for approval.

Can I file under the category of NIW and another category simultaneously?

The answer is yes, but each visa category being requested must be filed on a separate Form I-140 application with the appropriate fee and supporting evidence. Multiple categories cannot be checked on one I-140 form.

How can a petition be filed?

I-140 forms can be filed either by mail or electronically. Supporting evidence has to be submitted to service center.

Does the priority date matter in a NIW case?

Priority dates matter only for people from India and China. Non-residents from the other countries do not have to be concerned about priority dates because the visas are all current.

How do I know if I am qualified under NIW category?

Send your resume for evaluation and assessment to our attorneys at info@greencardlink.com

Can a petition be withdrawn?

The answer is yes, the applicant or the Form G-28 representative can send a request to withdraw the I-140 application to USCIS.

How can an applicant request the withdrawal of a Form I-140 petition?

The applicant or the Form G-28 representative can send a request to withdraw the I-140 application to USCIS. Requests to withdraw should include:
A statement specifying that the Form I-140 applicant wants to withdraw the application;
The Form I-140 application receipt number;
The name, address and phone number of the applicant;
The name of the non-resident beneficiary;
The non-resident beneficiary registration number, if known; and
The applicant’s signature or the Form G-28 representative’s signature.

If my NIW application gets rejected, how long do I have to wait to file under NIW or other categories?

The USCIS guidelines do not specify an amount of wait time after a denial before you can file another petition. Although you can submit another petition at any time, we do not advise that you reapply unless your circumstances have changed in a way that will increase your chances for approval.

How should I organize the evidence with the petition?

Follow these tips for organizing your evidence:
Provide all required evidence and documentation with the application when filed. Form I-140 applications can be denied by USCIS without issuance of a Request for Evidence (RFE) in some cases where the required documentation was not submitted with the application.
If you are providing photocopies of evidence, make sure to include clear legible copies.
Any foreign language evidence must be submitted with a corresponding English translation that must be certified by a competent translator who should certify in writing that “the translation is true and accurate to the best of the translator’s abilities.” The English translation should be stapled to the foreign language document.
If providing the non-resident beneficiary’s citations or publications, the applicant’s name should be highlighted in the relevant articles and publications. The applicant is not required to send a full copy of a thesis, research paper, or dissertation either written by the non-resident beneficiary, or one in which the non-resident beneficiary’s work has been cited. Include the title page and the section(s) that cite the non-resident’s work and the “works cited” or bibliography.
Place tabs and labels at the bottom of the first page of each exhibit submitted, and provide a list of the exhibits and the eligibility standards that each exhibit is submitted to prove for applications supported by a significant amount of evidence. An exhibit that is being provided to meet multiple eligibility standards should be identified as such in the exhibit list.

What is a letter of recommendation?

A letter of recommendation, also called a reference letter, is a letter written by an expert in the non-resident beneficiary’s field or another influential person in a similar field of expertise. Reference letters are vital in application for employment-based benefits. Since officers are seldom experts in your area of expertise, they must use the submitted documentation to decide if you meet the qualifications for having a level of expertise above that which is ordinarily found in the area of expertise.

Whom should I contact to obtain letters of recommendation?

Post-NYDOT decisions state that the qualifications of the “experts” submitting reference letters are critical. Strong reference letters are vital to a successful NIW case. A non-resident beneficiary should acquire convincing letters from both the “inner circle” and “outer circle” of peers. The non-resident’s “inner circle” includes peers that the non-resident has worked directly with either in business or academia. Even though letters from the closest peers are the most those he or she has directly worked with either in academia or in business. While these letters are often the most complimentary, they are also the most mistrusted since they are likely biased. The following are guidelines for acquiring recommendation letters:
Reference letters from authorities or experts carry more influence: Usually, individuals recognized as experts or authorities in the field of expertise will have greater influence. A statement should be included with the reference letter that proves the qualifications of these peers to judge the non-resident’s work.
Reference letters from relatives or unremarkable persons have little influence: Support from co-workers from the same organization that is currently or seeking to employ the non-resident beneficiary have been little or no influence since they are viewed to lack objectivity. Similarly, reference letters from undistinguished colleagues or former college professors have been analyzed more closely than letters from high-level officers of recognized major associations.
A reference letter from an objective entity is viewed as more favorable: Objectivity is one of many factors considered by the USCIS. Letters of recommendation from co-workers of the same organization that is currently or seeking to employ the non-resident beneficiary can be rejected because they lack objectivity. However, if the employer or professor has significant knowledge about your achievements and can provide a strong recommendation, they could be a good candidate for a reference letter.

What information should be included in the reference letters?

Things that should be included in a reference letter are:
Qualifications of the reference: A reference letter needs to include a description of the person giving the reference. If the reference comments on the non-resident’s research or accomplishments, a statement should be included with the reference letter that proves the qualifications of the individuals to judge the non-resident beneficiary’s work.
Helpful expert testimonials: Expert testimonials of your achievements are critical to your application. Keep in mind that the expert references should uphold the argument that you meet the standards of the law, i.e., that you have a level of expertise above that usually found in your area of expertise. Evidence that only proves competence or that fails to distinguish you from other individuals in the field does not reinforce your petition because it carries little influence and could actually harm the petition.
Substantive information: A good reference letter should point out the superior level of unique expertise the non-resident beneficiary possesses. If it is a reference letter from a professor or employer of the non-resident beneficiary, it should detail the work the non-resident is responsible for and the requirements of the position. Although a job offer is not required, a reference letter from an employer can refer to a position to prove that only a few individuals are qualified to fill the offered position (i.e., only superior individuals in the relevant area or those with exceptional capability can accomplish the duties required for the position) and the non-resident beneficiary is one of these rare individuals. In addition, reference letters that briefly describe the applicant’s activities and knowledge, but lack detailed information of how the applicant’s contributions had consistently and significantly influenced the relevant area are unsatisfactory.

How many reference letters are needed?

The USCIS does not list a specific number of required reference letters, but there should generally be three to seven reference letters in an EB-2 petition.

What assistance does your firm provide concerning drafting reference letters?

Letters of reference are hard to write but effective letters of reference will significantly increase your chance for a successful case. After our firm is retained, we will help you obtain effective reference letters using these steps:
Our firm will provide detailed advice concerning reference letters and assist you with the content, purpose, and format of reference letters.
Our firm will confer with you about prospective candidates for writing reference letters.
You will need to provide us with detailed evidence pertaining to the expertise and authority of the references, your connection to the references, the relationship between your research and theirs, etc.
After receiving the documentation you provide, our attorneys and legal team will write the reference letter for you.
You will send the recommendation letters to the references for their review and signature.
Before our firm submits the application, our attorneys will review the substantially revised reference letters to determine if it is necessary to ask the reference to sign an updated version.

What if I change jobs while my NIW petition is pending?

If you self-petition, changing positions will have no impact on the status of your case, and your petition will remain active. If you are sponsored by your employer, a new petition may need to be filed.

Can a Ph.D. student apply for an NIW? What is the success rate?

Our law firm has successfully petitioned cases for Ph.D. students to obtain green cards in the NIW category. It is believed that since Ph.D. students still require the teaching of their professors, it is challenging to argue that they are at a level of expertise in their field. However, there are ways to define the area of expertise to make the petitioner appear “substantially above others in the field”. Our law firm has established winning approaches to assist Ph.D. students in obtaining NIW benefits. The approval rate of Ph.D. students applying for NIW benefits is similar to that of other applicants in our law firm.

Can an F-1 student visa holder apply for NIW? Do I have to wait to apply for the green card until after my graduation and change the visa to H-1B?

The F-1 visa is a non-resident visa, but an F-1 visa holder is allowed to apply for the green card. However, an F-1 visa holder cannot have dual intent when they apply for the non-resident visa. A non-resident visa holder, such as J-1 or F-1, can change its intent after receiving a non-resident visa. A non-resident visa holder does not have to change the visa type to a non-resident visa, such as an H or L visa which allow dual intent, before filing a green card application. Anyone can file an immigration application at any time as long as the qualification requirements are met. But, if the current F-1 visa time is not long enough to finish your degree, it is better to wait to file the green card petition after you have extended the F-1 visa.

What is the difference between NIW and EB-1A (alien of extraordinary ability) applications? Is it possible to file two applications such as an NIW and EB-1A at the same time?

The requirements of NIW and EB-1A are different, and the preparation process is substantially different for these two applications. Successful NIW cases are not limited to non-residents who are perceived to be at the top of their field of expertise. Presenting evidence in support of the application that create the most favorable opinion will help gain approval. For instance, it is important that the applicant interpret the non-resident’s field as narrowly as possible while sustaining credibility. In narrowing the reference, the non-resident will be compared to a greatly reduced set of U.S. peers. However, it should not be so reduced that the AAO will suspect the non-resident’s field as being too narrow. The definition of the non-resident beneficiary’s expertise area should be supported by evidence. Once the I-140 is approved, there is not a significant difference between the two classifications for the I-485 application. It is feasible to file two petitions such as an EB-1A and a NIW concurrently. Some non-residents file two I-140 applications simultaneously in EB-1 and NIW. The law does not prohibit multiple filings, and in fact, this could increase your chances for approval.

If I have not published articles in journals within my field, can I still apply for an NIW?

The answer is yes, you can apply for an NIW since there is not a specific requirement that you have published articles in order to apply or obtain approval of an NIW petition. However, publications will greatly improve the chances of approval because publications help to prove your authorship and original contribution. You can also prove your case by providing documentation that proves the other prongs listed by the law.

If I do not have any awards in my field, can I still apply for an NIW?

You can still apply for an NIW even if you do not have any awards in your field. There is not a specific requirement regarding awards in order to apply or obtain approval of an NIW application, although awards do improve the chances of approval. You can prove your case by providing documentation that proves the other prongs listed by the law.

I am a J-1 holder subjected to the two-year foreign country residency requirement. Can I apply now under NIW, and get my J-1 waiver later?

The answer is yes, you can apply for the NIW now, and get the J-1 waiver later. Even with I-140 approval, you are still bound by the two-year foreign residency requirement, and must get the J-1 waiver before adjusting your status to permanent resident.
You are not required to have a J-1 waiver before submitting an I-140 application. The two-year foreign residency requirement does not allow adjusting the status from J-1 to permanent residency, but it does not prevent the submission of an I-140 application. Also, you can prepare your case for I-140 and J-1 waiver simultaneously. If you receive the I-140 approval before the J-1 waiver, you must wait for the J-1 waiver before submitting the I-485 petition for status adjustment.

What is the legal fee of an NIW case for your firm?

Our firm charges a flat-rate attorney fee of $4,800 for NIW petition.

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