National Interest Waiver

A method to obtain green card used to avoid the need for PERM based labor certification.

Recording of August 18, 2022 Free US Immigration Community Conference Call with Rajiv S. Khanna

Immigration.com

Agency

Discussion Topics, Aug 18, 2022

FAQs: Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1 || I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485? || Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest

PhD students and eligibility for EB-2 NIW and working on F-1 OPT

Question details

1) Is it possible for current PhD students to apply for EB-2 NIW?
I have been through websites where they have said It's Possible, but then why is it not possible for current MS students?
2) Is it possible to work and study in F-1 OPT after completing the degree?
 

Video URL
FAQ Transcript

Sure, you can apply for any of these green cards while you are still a student.

Please go through my article in The Economic Times: 

https://economictimes.indiatimes.com/nri/migrate/can-student-visa-holders-apply-for-a-green-card/articleshow/83976519.cms

NIW laws require only that you possess an advanced degree. A Master’s degree is an advanced degree.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

USCIS Updates Guidance on National Interest Waivers

Release Date 

U.S. Citizenship and Immigration Services today announced updated guidance on adjudicating requests for “National Interest Waivers” regarding job offer and labor certification requirements for certain advanced degree professionals and individuals of exceptional ability. This includes discussing the unique considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs.