When National Interest Waiver isn’t an option
Hi this is Kaushik Ranchod from The Ranchod Law Group and today I want to share with you which options are available for you with this Waiver.
If you have questions you can reach me at (916) 613-3553
So there’s times when you may not want to apply for the National Interest Waiver because it may not be a good fit for you and you should look at other options such as a labor certification.
The NIW may not be a good option for you if you’re not doing something that’s going to help the nation as a whole all it’s not of national importance. So, an example of this would be a swimming coach or a local swim coach. Now that’s great that you’re a swim coach but that’s not something that’s gonna affect the nation as a whole. Same thing if you’re a math teacher or a computer programmer that’s working on a computer program in their city, but what they’re doing is not going to be of national importance. So in those situations you may want to consider another option.
I think the Perm Labor Certification could be a good option for you.
Another option here, and of course it depends, you know, on what kind of job you have because, you know, maybe a labor certification isn’t a good option either. So we have to evaluate all of your options and if you have questions, you can reach us at (916) 613-3553
Another thing you want to consider is your level of education.
If you have just a bachelor’s degree then you really want to talk to an immigration attorney before applying for a National Interest Waiver because you don’t meet the normal qualifications of having a master’s degree or higher or at least the bachelors degree plus five years of experience which puts you into the EB-2 preference. There are some rare exceptions, but that’s why you need to talk to immigration attorney in that situation as well.
So National Interest Waiver is a great option because you are able to skip the Labor Certification Process. However we need to make sure that you meet the requirements, so reach out to us and (916) 613-3553 and subscribe so you can continue to get our updates. Thank you and have an awesome day.
National Interest Waiver or EB-1?
NIW or EB-1?
Hi this is Kaushik Ranchod here and I am going to answer a question for you that I often get asked:
- whether or not to apply for an NIW;
- or if the EB-1 NIWaiver is the best option.
In my opinion in many instances, but not all of the time.
So the National Interest Waiver – let’s talk about when you should apply for this Waiver.You should apply if:
- you’re doing research;
- you’re an entrepreneur and you’re doing something that’s going to affect the nation as a whole.
So let’s look at such an example – let’s consider the current times, right now: if you’re working on a cure for the coronavirus (we have one client who is doing that right now) or if you are doing cancer research. That’s something that’s going to affect the nation as a whole, and that could be something that would meet one of the prongs under the new NIW standard. That could qualify and you of course have to show that you’re going to also have the requirements that enable you to propose the endeavor.
The EB-1 Standard
Now that standard is not as high as the EB-1 standard. The EB-1 standard is a very very high standard. So if you got an O-1 Visa Visa already approved, that is very similar to the EB-1 but it’s going to be even a higher standard than the O-1. Therefore, my recommendation is that you apply for the National Interest Waiver over the EB-1 unless you have a lot of citations, publications, awards and you have people who are going to write letters on your behalf that are at the top of the field, and also can write letters intimately for you. That is a requirement for both the National Interest Waiver and EB-1. It is not a requirement for the National Interest Waiver but it’s going to advance and help your case.
Another reason that this Waiver is also fantastic is that you can also apply and skip the Labor Certification and go directly for the I-140 and in some instances if you’re not from India or China and there’s no Visa backlog. I’m saying specifically India or China may not apply to allow you to apply for the 45 because of the visa backlog, but of course that’s always changing and at this time there is a backlog but, there may not be in the future.
So if there’s no backlog then the National Interest Waiver is also a great option. And if you are from here in China you might want to look at the EB-1A that’s when you can also self-petition like the National Interest Waiver, but the backlogs are typically not as long as the EB-2 preference category which the National Interest Waiver is in.
If you’re interested in the EB-1 option and you haven’t already obtained an O-1 Visa visa what I would recommend is you to start with the O-1 Visa Visa before you move on to the EB-1 all right I am looking forward to talking you further give us a call and schedule a consultation and we can go into depth on what options are best for you.
Thank you have an amazing day!
EB1, EB-2, or NIW: Which is your best option?
Hi, this is Kaushik Ranchod here, and we are getting many questions about the EB-1 visa or the NIW: people want to know which is the best option for applicants.
These are great questions, and I want to answer them for you!
You’re probably watching this video because you want to know which way to go. You’re a smart person, perhaps a researcher, scientist, or entrepreneur, and you need to know what to do.
Well, there are many options here. There’s the EB-1 visa , or, in the alternative, there’s the EB-2 or the NIW.
The EB-2 and NIW
I love the National Interest Waiver because it is easier to obtain than the EB-1 visa. Now, this is something, as you probably are aware of where you must have citations.
EB-2 Standards not as high as EB-1
Standards for EB-2 are not as high as an EB-1. Furthermore, you don’t have to demonstrate that you’re at the very very top of the field. You have to show that you’re going to be able to propose the actual endeavor of what you’re going to do, but you don’t need to show that you’re at the very top by a percent.
EB-2 Visa Processing Time
Hi this is Kaushik Ranchod from the Ranchod Law Group and thank you for joining me.
If you have any questions you can call us at (916) 613-3553 .
Answering Questions on the Processing times for NIW
So I’m going to be answering a couple of questions here on what are the processing times for the national interest waiver.
The processing times right now in April 2020. As of now, the required processing time for the I-140 can range anywhere from four to eight months.
Right now, we’re experiencing COVID, which is a deplorable situation, of course, and it can lengthen the processing time. However, on average, it’s about four to eight months.
There’s no premium processing that is available for the national interest waiver. So the sooner you start the process, the sooner you can find out whether or not you are going to get approval or not. Then you also have to factor in that there’s the 485 – the Green Card application process (Form I-485, Application to Adjust Status) after the I-140 is approved.
Now you can also file that as a “one-step,” which means that you can submit the 485 work authorization travel document with the Form I-485 if the priority dates are current. Of course, we have to make sure that your priority dates are current, and then that way you can get work authorization.
It is typically taking around five to six months to obtain work authorization. If you have the Form I-140 or I-145 also file it at the same time.
If you have additional questions, reach out to us at (916) 613-3553 also subscribe so you can keep on getting updates alright thanks have an awesome day and we’ll talk to you next time.
Top mistake you must avoid for your NIW recommendation letters
Hi, this is Kaushik Ranchod from the Ranchod Law Group, and today I’m here to talk about recommendation letters.
They’re one of the most critical components of a case, or I would say one of the most common in a National Interest Waiver case.
So you want to make sure that you get the right kind of recommendation letters.
One of the biggest mistakes that I see is that people get vague, generic letters, which are not helpful even if it’s from someone very prominent.
What’s more helpful is that IF the person who’s writing a letter on your behalf has intimate knowledge of what work you are doing and can refer to that work. They need to refer to said work and that it is of national importance. Why are you going to help further that project that you’re working on, be it research or the entrepreneurial endeavor?
Therefore, you want to make sure that you have the right type of recommendation letter for your National Interest Waiver.It might sound great that you’re getting your letter from some very important person (“bigwig”). You want to avoid doing that unless they are going to provide specific or intimate information on your particular case.
It’s better to get someone who knows the work that involves you. Of course, the more stature this person has, the more credibility the letter of recommendation is going to have, and the more it’s going to help further your case.
So it would be best if you weighed that fact as well.
However, if you were going to choose between someone who is more prominent or someone who maybe is a bit less prominent but able to provide more information about what you’re doing, I would go for that instead.
If you have questions feel free to reach out to us at (916) 613-3553 we’re here to help you.
I’m looking forward to talking to you. Thank you and have a fantastic day!
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