by Victoria Chen, J.D.(陈品瑞律师法律博士)
Q51: May a F-1 student visa holder petition for NIW? Do I have to wait to apply for the Green Card after my graduation and changing the visa to H-1B?
A: The F-1 visa is a non-immigrant visa, but it does not mean that a F-1 visa holder is not allowed to apply for the Green Card. It is true that a F-1 visa holder cannot have dual intent when applying for the nonimmigrant visa. However, a non-immigrant visa holder, such as F-1 and J-1, may change its intent thereafter receiving a nonimmigrant visa. It is not true that a non-immigrant visa holder must change its visa type to a nonimmigrant visa such as H or L visa, which allows dual intent, before a Green Card petition can be filed. Generally speaking, anyone can file an immigration petition at any time if he or she meets the qualification requirements. But, if your current F-1 visa time is not long enough for you to finish your degree, it is better to wait to file the Green Card application until you have extended your F-1 visa.
Q52: What is the real difference between NIW and EB1-A (alien of extraordinary ability) applications? Is it possible to file two petitions such as an NIW and EB1-A at the same time?
A: The requirements in NIW and EB1-A are different, and the application preparation is significantly different between these two classifications. Successful NIW cases are not limited to those foreign nationals who have risen to the very top of their field. Presenting materials in support of the petition that frame the case in the most favorable light will aid its passage. For example, it is important that the petitioner construe the foreign national's field as narrowly as is possible while maintaining credibility. By narrowing the frame of reference, the foreign national will be compared to a much smaller set of U.S. peers. However, it should not that the AAO might suspect petition that construes the foreign beneficiary's field too narrow. The definition of the foreign beneficiary's expertise field should be supported by documentation. But once your I-140 is approved, there is no major difference between these two classifications for the I-485 application later. It is possible to file two petitions such as an NIW and a EB1-A at the same time. Some foreign nationals file two I-140 petitions simultaneously in EB-1 and NIW. There is nothing stated in the law that prohibits multiple filings. Actually, multiple filings increase your chances.
Q53: If I have not published articles in journals within my field, may I still apply for an NIW?
A: Yes, there is no specific requirement that you need to have published articles in order to apply or obtain approval of an NIW petition, although in many instances publications would help improve chances of approval because publications help to establish your original contribution and authorship. You can still support your case by providing evidence that satisfies other prongs listed by the law.
Q54: If I do not have any awards in my field, may I still apply for an NIW?
A: If you do not have any awards in your field, you still can apply for an NIW. There is no specific requirement that you must have awards in order to apply or obtain approval of a NIW petition, although in many instances awards would help improve chances of approval. You can still support your case by providing evidence that satisfies other prongs listed by the law.
Q55: I am a J-1 holder subjected to the two-year foreign country residency requirement. May I apply under NIW now, and get my J-1 waiver later?
A: Yes, you can apply for the NIW now, and get your J-1 waiver later. Even with a I-140 approval, you are still subject to the two-year foreign country residency requirement, and need to get the J-1 waiver before you can adjust your status to permanent resident.
You do not have to have a J-1 waiver before submitting an I-140 petition. The two-year foreign residency requirement does not allow you to adjust the status from J-1 to permanent residency, but it does not prevent you from submitting I-140 petition. Also, you may prepare for I-140 and J-1 waiver concurrently. If you receive an I-140 approval before a J-1 waiver, you need to wait for the J-1 waiver to submit the I-485 application for adjustment of status.
Q56: What is the legal fee of NIW case of your firm?
A: We charge flat fee of $4,500 for NIW petition. See Attorney Fee for more information.
资料来源： http://www.wegreened.com
FromChen Immigration Law Associates, P.A.
Q51: May a F-1 student visa holder petition for NIW? Do I have to wait to apply for the Green Card after my graduation and changing the visa to H-1B?
A: The F-1 visa is a non-immigrant visa, but it does not mean that a F-1 visa holder is not allowed to apply for the Green Card. It is true that a F-1 visa holder cannot have dual intent when applying for the nonimmigrant visa. However, a non-immigrant visa holder, such as F-1 and J-1, may change its intent thereafter receiving a nonimmigrant visa. It is not true that a non-immigrant visa holder must change its visa type to a nonimmigrant visa such as H or L visa, which allows dual intent, before a Green Card petition can be filed. Generally speaking, anyone can file an immigration petition at any time if he or she meets the qualification requirements. But, if your current F-1 visa time is not long enough for you to finish your degree, it is better to wait to file the Green Card application until you have extended your F-1 visa.
Q52: What is the real difference between NIW and EB1-A (alien of extraordinary ability) applications? Is it possible to file two petitions such as an NIW and EB1-A at the same time?
A: The requirements in NIW and EB1-A are different, and the application preparation is significantly different between these two classifications. Successful NIW cases are not limited to those foreign nationals who have risen to the very top of their field. Presenting materials in support of the petition that frame the case in the most favorable light will aid its passage. For example, it is important that the petitioner construe the foreign national's field as narrowly as is possible while maintaining credibility. By narrowing the frame of reference, the foreign national will be compared to a much smaller set of U.S. peers. However, it should not that the AAO might suspect petition that construes the foreign beneficiary's field too narrow. The definition of the foreign beneficiary's expertise field should be supported by documentation. But once your I-140 is approved, there is no major difference between these two classifications for the I-485 application later. It is possible to file two petitions such as an NIW and a EB1-A at the same time. Some foreign nationals file two I-140 petitions simultaneously in EB-1 and NIW. There is nothing stated in the law that prohibits multiple filings. Actually, multiple filings increase your chances.
Q53: If I have not published articles in journals within my field, may I still apply for an NIW?
A: Yes, there is no specific requirement that you need to have published articles in order to apply or obtain approval of an NIW petition, although in many instances publications would help improve chances of approval because publications help to establish your original contribution and authorship. You can still support your case by providing evidence that satisfies other prongs listed by the law.
Q54: If I do not have any awards in my field, may I still apply for an NIW?
A: If you do not have any awards in your field, you still can apply for an NIW. There is no specific requirement that you must have awards in order to apply or obtain approval of a NIW petition, although in many instances awards would help improve chances of approval. You can still support your case by providing evidence that satisfies other prongs listed by the law.
Q55: I am a J-1 holder subjected to the two-year foreign country residency requirement. May I apply under NIW now, and get my J-1 waiver later?
A: Yes, you can apply for the NIW now, and get your J-1 waiver later. Even with a I-140 approval, you are still subject to the two-year foreign country residency requirement, and need to get the J-1 waiver before you can adjust your status to permanent resident.
You do not have to have a J-1 waiver before submitting an I-140 petition. The two-year foreign residency requirement does not allow you to adjust the status from J-1 to permanent residency, but it does not prevent you from submitting I-140 petition. Also, you may prepare for I-140 and J-1 waiver concurrently. If you receive an I-140 approval before a J-1 waiver, you need to wait for the J-1 waiver to submit the I-485 application for adjustment of status.
Q56: What is the legal fee of NIW case of your firm?
A: We charge flat fee of $4,500 for NIW petition. See Attorney Fee for more information.
资料来源： http://www.wegreened.com
FromChen Immigration Law Associates, P.A.
