National Interest Waiver (NIW)
Shah Peerally Law Group PC Blog
by PlawShah
11M ago
The EB-2, is a green card visa for foreign nationals which falls under the employment-based immigration: second preference category (EB-2) and consisting of subcategories: 1. EB-2, First subcategory: Advanced degree 2. EB-2, Second subcategory: Exceptional Ability 3. EB-2, Third subcategory: National Interest Waiver Pursuant to §1153(2)(B)(i) of the United States Code provides for National Interest Waiver which states that if the Attorney General deems fit that the foreign national work to be in the national interest of the United States, waive the below requirements that are required for a ..read more
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EB1A Visa Eligibility Criteria – A Complete Guide
Shah Peerally Law Group PC Blog
by PlawShah
11M ago
The EB1A is a green card visa for foreign nationals which falls under the employment-based immigration: first preference category (EB-1). The EB1A visa is restrained only to foreign nationals of extraordinary ability in work fields of sciences, arts, education, business or athletics. The definition of “extraordinary ability” is defined as a level of expertise indicating that the individual is one of the small percentage who have risen to the very top of the field of endeavor (§ 204.5 (h)(2) of the Code of Federal Regulations, CFR) Pursuant to § 203(b)(1)(A) of the, Immigration and Nationality ..read more
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Reminder: For Form I-485, submit all required initial evidence and supporting documentation, including Form I-693.
Shah Peerally Law Group PC Blog
by PlawShah
1y ago
Save time by filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with all required initial evidence and supporting documentation mentioned under the “Checklist of Required Initial Evidence” section. (The checklist is an optional tool to utilize as you construct your form, but does not substitute statutory, regulatory, and form instruction requirements). If you submit the needed initial evidence and supporting documents with Form I-485, we may not need to issue a Request for Evidence (RFE) to acquire additional proof and documentation. If we conclude that you ..read more
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Additional Returning Worker H-2B Visa Cap Exceeded for the First Half of FY 2023
Shah Peerally Law Group PC Blog
by PlawShah
1y ago
Under the recently announced H-2B supplemental cap temporary final rule, U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 18,216 H-2B visas made available for returning workers for the first half of fiscal year (FY) 2023 with start dates on or before March 31, 2023. They are still accepting petitions for H-2B nonimmigrant workers for the 20,000 additional visas available to nationals of Haiti, El Salvador, Guatemala, and Honduras. They just began accepting H-2B petitions under the temporary final rule issued on December 15, which incre ..read more
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USCIS Announces Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions, as well as Future Expansion for F-1 Students Seeking OPT and Certain Student and Exchange Visitors
Shah Peerally Law Group PC Blog
by PlawShah
1y ago
The third phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications is being implemented by US Citizenship and Immigration Services. Unlike previous phases of the expansion, this phase applies to new (initial) petitions as well as all previously filed Form I-140 petitions seeking a national interest waiver under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability (NIW). Petitioners who want to request premium processin ..read more
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The National Interest Waiver is one of the best options to get a green card
Shah Peerally Law Group PC Blog
by PlawShah
1y ago
The National Interest Waiver, (NIW) acts as exoneration for people wo have an advanced degree or have exceptional abilities in their field of work, whereby a labor certification process or job offer in the United States is not required. The two can be waived if they can prove how the US will benefit from their academic and professional contribution. As no labor certification nor job offer is required it is safe to say that the NIW is an alternative to an employer sponsored green card. However, when an employer is employing a non-citizen, it must be catered that there are no native to do the sa ..read more
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EB1A – How to get a green card through extraordinary ability
Shah Peerally Law Group PC Blog
by PlawShah
1y ago
The EB1A is an immigrant visa for people with extraordinary abilities in certain fields. This visa is focused on foreigners living or coming in the US having extraordinary ability in arts, sciences, business, education and athletics. Having an extraordinary ability also refer to being among the few that has risen to the top and to ascertain so, the person should provide evidence of their one-time achievement such as possessing a national or international acclaim, an award winning prize a noble prize, a Pulitzer prize, or even an Oscar winning prize or meet requirements explained below. Having ..read more
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Amazing jump on EB1 category on the July 2020 Visa Bulletin
Shah Peerally Law Group PC Blog
by PlawShah
4y ago
Listen to attorney Sharif Silmi talk about EB1 visas and the opportunities. Call us if you need help! The post Amazing jump on EB1 category on the July 2020 Visa Bulletin appeared first on ..read more
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DACA is back! Trump administration could not block DACA
Shah Peerally Law Group PC Blog
by PlawShah
4y ago
In an amazing decision, seems DACA is back. Roberts wrote the court does “not decide whether DACA or its rescission are sound policies,” but said the Department of Homeland Security should revisit the issue. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action. Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients,” he wrote for the majority. “That dual failure raises doubts about whether the agency appreciated the s ..read more
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