STEM

Science, Technology, Engineering, and Math. The term often refers to the Designated Degree program requiring a degree in one of these fields of study. STEM programs, in recognition of their importance to US interests, are awarded special consideration in certain areas under US immigration laws.

Recording for August 08, 2024 Conference Call with Rajiv S. Khanna

FAQs: NIW Required commitment duration, Adjustment of status, Naturalization considerations, and Interim work status option || Impact of DWI conviction on H-1B holder's H-4 dependent visa stamping and future travel considerations || H-1B extension pending: Impact of traveling to India using old visa, returning with 2-3 days remaining on visa, etc. || H-1B options as an F-1 student on STEM OPT in a nonprofit university: Cap-subject vs. cap-exempt strategies and transitioning to cap-subject H-1B in the future

Recording for July 25, 2024 Conference Call with Rajiv S. Khanna

Citizenship and Naturalization

 

FAQs: Naturalization eligibility for recent extended absences over six months and less than one year from the U.S. || H-1B Grace Period Related Issues

Recording for April 25, 2024 Conference Call with Rajiv S. Khanna

Immigration.com

FAQs:
1) H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling
2) Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending, or approved
3) What is Cap Gap extension? How does it work?
4)Is it COS to change from cap-exempt H-1B to cap H-1B?

April 13, 2024, Rajiv in QnA session on behalf of students, young professionals

Immigration.com

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

National Interest Waiver standards; AI list of critical and emerging technologies focus

Question details

Can having an MS in STEM degree with an AI focus and an intention to create a high impact with it for the US along with a plan for it, be enough for NIW? Or would more qualifications typically be needed even at the current stage?

Video URL
FAQ Transcript

The full impact of working with emerging and critical technologies on National Interest Waiver (NIW) applications remains unclear, with potential new regulations expected by April 2024.  While there's a presumption that these technologies align with national interest, you must go beyond that. Highlight the national or non-local impact of the specific work you do – whether it's responsible AI development or ensuring AI transparency. Emphasize how your work extends benefits beyond a single company, as this is essential for a successful NIW application.

 

The path for an entrepreneur from STEM OPT or H-1B

Question details

I'm on F-1 OPT with a STEM MS Degree. If I put a startup, I will be performing my roles directly related to the degree.

1) To establish employer-employee relations would having a board of directors be sufficient during STEM OPT?

2) If I apply for EB2-NIW and get I-140 approval then can I immediately shift to other non-tech roles within my startup (CTO -> CEO) Or do I have to wait for 6 months before doing that, all the while when I-485 is pending?

3) If I shift immediately and use I-485 EAD instead of F-1 EAD, then can that lead to I-485 being rejected?

Should I wait at least 6 months before using I-485 EAD? Also, if the startup fails, does that discontinue my I-485 process having approved I-140?

 

Video URL
FAQ Transcript

There are various visa options for entrepreneurs both inside and outside the USA, between non-immigrant and immigrant visas. Non-immigrant options include B-1 for temporary business visits, the International Entrepreneur Rule for temporary parole, and treaty visas like E-1 and E-2. Immigrant visa options include EB-1 for exceptionally qualified individuals, EB-2 National Interest Waiver (NIW) for those impacting US interests, and EB-5 for investors. Overall, EB-2 NIW offers flexibility in job changes within the same field and may lead to a green card without being tied to a specific job or employer.