Recording for October 10, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Topics Discussed:
Topics Discussed:
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?
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.
Why rejection rate of NIWs is increasing? Is there any change in eligibility criteria, etc.?
The USCIS is currently focusing on two main aspects when evaluating NIW petitions:
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.
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.
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
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?
Well, for my it was a long time ago, but normally the IO will ask you for your ID, passport. IO will have on his/her desk all the package that you sent before; at this time you are allow to add any information that you consider might be relevant on your case. Then after this part is done IO starts asking you questions about your case, like dates, names , cities, organizations, etc....most of lawyers advise to answer only what they are asking, not to use many words...................just go to the point. Also of course go well dressed and bring all the papers that you think might need.
My NIW I-140 was approved based on a job, but later, my NIW I-485 was denied because I was not working in a similar role.
My question is:
1. Does the denial of the NIW I-485 rescind the priority date that I got with the NIW I140 filing/approval?
2. In the future, if I am working in a similar role, can I re-file this NIW I-485?
3. Can I use this NIW I140 priority date in my other adjustment of status cases such as PERM-based, etc.?
An NIW I-140 approval does not lose its priority date even if the I-485 is denied due to a change in role. You can likely refile the I-485 if working in a similar role in the future, and you can likely use the NIW I-140 priority date in other adjustment of status cases.
We represented a physician working for a veteran’s facility within a medically underserved area. The NIW was approved. Before completing her waiver time, she needed to move from the approved location to another location AND switch from a MUA to the Veterans Administration.
Published by: The Economic Times - May 27, 2025
https://economictimes.indiatimes.com/nri/migrate/indian-parents-face-un…
Quotes and Excerpts from Rajiv in the article:
FAQs: US Visa & Social Media: What you need to know about new screening policies and their impact
Release Date
08/04/2025
Policy enhancements aim to prevent aliens who are males from being authorized to participate in women’s sports in the United States
We represented a physician working for a healthcare network within several counties of a Medically Underserved Area (MUA). Initially, we submitted the required documents, but the tricky issue was the division of the physician’s service over several counties. The approval in this case required that we work closely with officials from the State Health Department to provide proper documentation and verification of the full-time nature of the job, albeit across several areas and proof of physician shortage within each area.
One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.
I think it will be different with each people. In my case, all three times were different.
The officer usually did a small talk with me while going to the room from the hall asking me about the weather and other information which was not listed in application from my previous state where I lived and how I liked it here. IMO, I took that in good and bad way. Good way in the sense, that he wanted me to feel comfortable and bad way, like as if he is saying, I already know everything about you. So, its a mixed bag.
On Nov. 4, 2013, the United States District Court for the Western District of Washington granted final approval of the revised ABT Settlement Agreement, bringing to a close class action litigation that began in December 2011. The settlement agreement provides that certain individuals who intend to file an asylum application, or who have already filed an asylum application, are entitled to have their eligibility for employment authorization determined using new procedures.
We won a case for National Interest Waiver a Microbiologist holding a Ph.D., 12 publications and over ten years research experience. We were able to provide evidence of a strong national interest through numerous letters of recommendation from leading scientists. This applicant had an international reputation in his field.
This applicant was a data recovery specialist under contract with the U.S. government providing critical skills to a high-level project. It was noted by referees that his knowledge and background were rare and greatly needed in the interest of our national defense. We provided documentation of his academic achievements as well as additional specialized training.
We won this case for an applicant with five years research experience. The applicant was able to secure a very strong letter from the National Science Foundation director which detailed the innovative and pioneering work of the applicant. It was noted that his skills were critical for an initiative developed by the Foundation. We also offered evidence of his strong Ph.D. work as well as his publication record.
We obtained both and Outstanding Researcher and National Interest Waiver for this applicant. Based on his strong academic record and exceptional work experience we were able to obtain letters of recommendation from leading experts around the world. The applicant was currently working for one of the most prestigious research/teaching institutes in the world. His innovative research was noted internationally and he had multiple scholarly articles in well-respected journals. He also held membership in leading professional societies.&nbs
We won a case for National Interest Waiver for a Physician working in a medically underserved area. We provided a five year contract, copy of his J-1 Waiver approval, numerous experience letters, a letter from the Department of State and documentation to reflect statistics of health professional shortage in the area.
We won both an EB1 Alien of Extraordinary Ability case and a National Interest Waiver for this applicant. He was noted as being an exceptionally qualified, brilliant and outstanding researcher amongst an international peer group. We provided copies of his substantial publication record as well as evidence of his numerous "invited" presentations. This applicant had patented material which was identified as innovative and pioneering in the field and admired by top researchers.
We won this case as the applicant was noted to be a critical component to the success of various projects and had a very large impact on the research program. Referees described this applicant's talents to be rare and difficult to replace by U.S. workers. Her original and pioneering research made her uniquely qualified to further this intrinsically important research which greatly effected the nation as a whole.