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Recording for September 26, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Topics Discussed:
FAQs: EB-2 NIW I-140 portability for employer-sponsored cases || Concerns regarding nonpayment of wages and potential H-1B impact || Maintaining LPR status (Green Card) during extended absences for employment || Rising NIW rejection rates: Examining changes in eligibility criteria

USCIS Issues New Guidance on EB-1 Eligibility Criteria for Individuals with Extraordinary Ability

1 year ago By Chief Editor

U.S. Citizenship and Immigration Services is issuing policy guidance in the Policy Manual to further clarify the types of evidence that USCIS may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.

This policy guidance:

EB-2 NIW I-140 portability for employer-sponsored cases

1 year ago By Chief Editor
Question details

My employer is in the process of filing employer-sponsored EB2 NIW (instead of self-sponsored). I understand that self-sponsored EB2 NIW is independent of an employer and remains valid in any case. But can I-140 obtained from employer-sponsored EB2 NIW be transferred to another employer?

 

FAQ Transcript

The ability to keep your NIW when changing employers depends on whether you continue to pursue the same endeavor that was the basis for your NIW approval. If you maintain the same type of work in the same field, even with a different employer, you likely can keep your NIW. However, if you change to a completely different field or type of work, you may need to start a new green card process. For certainty, it's advisable to consider filing a new green card application or NIW when changing employers.

 

Rising NIW rejection rates: Examining changes in eligibility criteria

1 year ago By Chief Editor
Question details

Why rejection rate of NIWs is increasing? Is there any change in eligibility criteria, etc.?

 

FAQ Transcript

The USCIS is currently focusing on two main aspects when evaluating NIW petitions:

  1. National Importance of Your Work:

They want to see how your specific work benefits the entire country, not just your immediate sphere of influence.

Example: For a neurosurgeon, saving lives locally isn't enough; they want to see a broader national impact.

  1. Comparative Contribution:

USCIS is looking at how your work stands out from others in your field.

They want to see that your contribution is not just significant but also distinguishable from your peers' work.

These two factors are currently the primary focus in NIW evaluations, leading to higher rejection rates for petitions that don't adequately address these specific points.

 

Recording for October 24, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search



Starting A US company on OPT | Latest Immigration Updates - H-1B | OPT | Green Card

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

SUBSCRIBE to Immigration.com YouTube Channel for further updates.

mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney

Talent Visas Under Trump - EB-1A | O-1A | NIW/H-1B QnA, Feb 5, 2025

1 year ago By Chief Editor

Nonimmigrant Visas

Immigration Law

Green Card

SUBSCRIBE to Immigration.com YouTube Channel for further updates.

mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney

Increased Denials & Delays in some US Visa Categories, Rajiv in QnA, Feb 12, 2025

12 months ago By Chief Editor

Nonimmigrant Visas

Green Card

SUBSCRIBE to Immigration.com YouTube Channel for further updates.

mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney

EB-1 Outstanding Researcher – Ph.D. in Electrical Engineering

12 years ago By Chief Editor

We filed a petition under premium processing for the beneficiary, who qualified based on his publication record, original contributions, membership in a professional society and service as a reviewer of others’ work. The beneficiary had more than sixteen years of research experience and thus had garnered an international reputation for his outstanding work. We provided letters of recommendation from various international experts in his field that confirmed his status amongst his research peers. The beneficiary had documentation to show his senior level membership in a professional society.

Green Card

Ph.D. in Physical Chemistry, EB-1

12 years ago By Chief Editor

We won a case following a Request for Evidence for a scientist. We were able to establish that he is an internationally renowned scientist who is acclaimed and respected in the international research community for his expertise in the area of nanotechnology, magnetic nanoparticles and nanocomposites, nanomagnetism, thermoelectric nanoparticles and nanocomposite materials. His unique specialty set him apart from others in the field.

Green Card

Recording for February 20, 2025, Conference Call with Rajiv S. Khanna

11 months ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

 

FAQs:

1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?

2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion

3. NIW I-485 rejected: Refiling options and priority date usage?

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