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Here are relevant immigration laws, regulations and manuals.
Learn from EB2-NIW petitions from the decisions of USCIS Administrative Appeals Office
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Frequently asked questions
Priority date is the date when a principal applicant first reveals his or her intent of immigration to the US government.
If you are a prospective immigrant, you can find your priority date on Form I-797, Notice of Action, for the petition filed on your behalf. The waiting time before receiving an immigrant visa or adjusting status depends on:
- The demand for and supply of immigrant visas.
- The per-country visa limitations.
- The number of visas allocated for your preference category.
Some foreign nationals (typically Indians, Chinese etc.) cannot file for adjustment of status (using form I-485) after the application for alien worker is approved (I-140) but must check that their priority dates are current
No it is not only for Ph.D’s. The requirement for advanced degree for the EB2-NIW application is a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field
This is by far the most important question when considering applying for the EB2-NIW application. You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Here’s an article that will help you make that decision.
You are welcome to discuss any aspect of your EB2-NIW application until the allotted time is up.
The decision to approve or deny your application rests with USCIS.