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I am still correct @Anta Assamey dont delete thread

@Swatkat  @sri_india

 

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.

Consistent with this Administration’s goal of removing barriers to legal immigration under President Biden’s Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, USCIS is clarifying how the national interest waiver can be used by STEM graduates and entrepreneurs, as well as the significance of letters from governmental and quasi-governmental entities. The updated guidance also serves to promote effective and efficient processing of benefits consistent with the executive order.

An employer seeking to hire a noncitizen must generally obtain a permanent labor certification from the Department of Labor that proves there are no qualified U.S. workers for the position they are seeking and that their employment will not adversely affect similarly employed U.S. workers. The noncitizen may, however, seek a waiver of a job offer, and of the labor certification, if it is in the interest of the United States.

Individuals seeking a national interest waiver must show evidence of an advanced degree or exceptional ability and must also meet three factors that USCIS uses to determine, in its discretion, whether it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification. The three factors USCIS considers for a national interest waiver are whether:

  • The person’s proposed endeavor has both substantial merit and national importance;
  • The person is well positioned to advance the proposed endeavor; and
  • It would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements.

Those seeking a national interest waiver may self-petition using Form I-140, Immigrant Petition for Alien Worker

This guidance, contained in Volume 6 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance.

Visit the Policy Manual for Comment page to comment on this update. 

 
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National Interest Waiver
If you are requesting that we waive the labor certification (also known as a job offer) because it is in the best interest of the United States, you are eligible to file a petition in your own behalf. You may do this whether you seek to classify yourself as a member of a profession who has an advanced degree or if you have an exceptional ability.

We will review all the evidence you submit to determine whether you have satisfied the three criteria and whether it is in the best interest of the United States to grant this discretionary waiver.

Please visit the Employment-Based Immigration: Second Preference EB-2 page for more information.

 

@Anta Assamey @jiggubhai @Swatkat @sri_india

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ALERT: There are an exceptionally high number of employment-based visas available this fiscal year (October 2021 through September 2022).

There are an exceptionally high number of employment-based visas available this fiscal year (October 2021 through September 2022). In partnership with the U.S. Department of State, we are committed to attempting to use all these visa numbers. There are many more visas available in the first (priority workers) and second (workers with advanced degrees or of exceptional ability) employment-based categories than pending adjustment of status applications pending with USCIS.

If you are eligible, please consider applying in the first or second employment-based preference categories. If you have a pending adjustment of status application based in the third employment-based preference category but also have a pending or approved petition and an available visa in the second employment-based preference category, we strongly encourage you to request that USCIS “transfer the underlying basis” of your pending application to the second employment-based preference category.

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1 minute ago, ganguly183 said:

i-140 file cheyanike kada idi? already eb2 lo i-140 approve ayinollaki enti advantage?

kontha mandi jobs change chyadnaiki bayatpadthaur perm over head of 16months now yif NIW assumption is correct you can do from day1

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1 minute ago, csrcsr said:

kontha mandi jobs change chyadnaiki bayatpadthaur perm over head of 16months now yif NIW assumption is correct you can do from day1

aa NIW ravadam kastame kada? 

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1 minute ago, ganguly183 said:

aa NIW ravadam kastame kada? 

If you are requesting that we waive the labor certification (also known as a job offer) because it is in the best interest of the United States, you are eligible to file a petition in your own behalf. You may do this whether you seek to classify yourself as a member of a profession who has an advanced degree or if you have an exceptional ability.

We will review all the evidence you submit to determine whether you have satisfied the three criteria and whether it is in the best interest of the United States to grant this discretionary waiver.

 

i am trying to decode this bro

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47 minutes ago, BeerBob123 said:

Idi EB3 downgrade chesukuni 

EB2 lo current ayinavallka?

100% correct. I am assuming they want to issue to those downgraded fellows (like me) whose date is current in EB2. Technically there is no real process associated with moving between EB3 and 2. You submit a request but there is no tracking, acceptance criteria etc.

The most encouraging aspect of this alert is - they seem to have setup a specific address for these requests rather than saying send to your original service center like Texas, Nebraska, Vermont, Cali, etc. 

Eppudo august lo hadavidi gaa kaakunda, ippude start chesaru -  which is a good thing. 

Most probably next 3 months dates move avvavu. Aaa tarvata EB3 kaasta melliga munduku potayemo.

EB2 straight filers and EB3 downgrade filers ni clear cheste - queues will be organic. Then date movement can be natural (aka dead for Indians). USCIS yokka kavi hrudayanni nenu ila ardham chesukuntunna. Let us see what the real motive is.

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32 minutes ago, csrcsr said:

National Interest Waiver
If you are requesting that we waive the labor certification (also known as a job offer) because it is in the best interest of the United States, you are eligible to file a petition in your own behalf. You may do this whether you seek to classify yourself as a member of a profession who has an advanced degree or if you have an exceptional ability.

We will review all the evidence you submit to determine whether you have satisfied the three criteria and whether it is in the best interest of the United States to grant this discretionary waiver.

Please visit the Employment-Based Immigration: Second Preference EB-2 page for more information.

 

@Anta Assamey @jiggubhai @Swatkat @sri_india

telusu baa.. nenu cheppindi ade.. NIW lo perm avasaram ledu.. but it is not a new thing. it already exists.

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7 minutes ago, csrcsr said:

If you are requesting that we waive the labor certification (also known as a job offer) because it is in the best interest of the United States, you are eligible to file a petition in your own behalf. You may do this whether you seek to classify yourself as a member of a profession who has an advanced degree or if you have an exceptional ability.

We will review all the evidence you submit to determine whether you have satisfied the three criteria and whether it is in the best interest of the United States to grant this discretionary waiver.

 

i am trying to decode this bro

To qualify for it you need to submit your publications/patents info, recommendations letters from people you don’t know but knows your work, some citations or if you are a entrepreneur with proven business idea and providing jobs which improves US economy …

kastam for software engineers  

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