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Success Stories: NIW for Researcher Approved in 13 Days

As an immigration attorney, I am thrilled to share an exciting success story. Recently, I had my client’s National Interest Waiver petition approved in just 13 days. This achievement not only underscores my client’s exceptional qualifications but also showcases my commitment and expertise.

In this blog post, I will examine this case in detail. Many clients come to my office to explore eligibility for the National Interest Waiver because it allows them to bypass the usual employment-based green card requirements of a job offer and the lengthy labor certification process. In order to qualify for the National Interest Waiver (NIW), the professionals need to hold an advanced degree and provide evidence that they meet the following three criteria: (i) their endeavor has both substantial merit and national importance, (ii) they are well positioned to advance the endeavor and (iii) on balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements. That’s where we come in when you contact us!

NIW for Geologist

I determined that my client, with his impressive academic background and significant contributions to the field of geology, was a strong candidate for the NIW. First, we submitted extensive documentary evidence establishing that the impact of my client’s research on the furtherance of human knowledge, especially the evolution of the solar system and prediction of climate change, has both substantial merit and national importance. My client holds a Doctor of Philosophy degree in Geology. He is working on two fully funded federal grants in his role as Assistant Research Professional.  Notably, his work on a NASA grant focuses on examining the impact history of the moon, providing humanity with a more complete picture of the evolution of the solar system, the Earth, and the Moon. Additionally, my client secured a National Science Foundation grant that facilitated the purchase of advanced equipment. This equipment allows him to push the boundaries of microanalytical techniques. We thus established that my client meets the first criterium.

Second, we submitted overwhelming evidence that my client is well-positioned to advance the endeavor. My client has a Ph.D. in geology. His research culminated in many research papers that were published in notable scientific journals. His research has been referenced by many articles utilized by other scientists. He collaborates with various external clients from numerous national and international universities. His two main research projects are focused on the evolution of the surface of Mars. Understanding these surface conditions and environments of Mars is important in humanity’s efforts for the future colonization of Mars. As such, he is well positioned to advance research furthering human knowledge, especially the evolution of the solar system and the prediction of climate change. Based on the above, he meets the second criterium.

Third, my client was hired as the top candidate in the advertised competitive search. Our immigration lawyers submitted support letters confirming that none of the U.S. candidates – many from top U.S. universities – provided the same level of accomplishment and promise as my client. We established with overwhelming evidence that my client offers contributions of such value that, he will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications even if other qualified U.S. workers are available.  Accordingly, it would be beneficial to the United States to waive the job offer and labor certification requirement. The waiver of the job offer is in the national interest.  Accordingly, my client met the third criterium. We have demonstrated that my client’s contributions in the Earth and Space science field are of such unusual significance that they merit the special benefit of an interest waiver.

Please review our other post discussing some of our other National Interest Waiver cases: click here (NIW for Senior Power System Engineer) or here (NIW for Mining Engineer).

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about the National Interest Waiver.  If you would like to discuss if you qualify for the National Interest Waiver or what is the best visa or green card option for you, schedule a consultation with an experienced immigration lawyer in Scottdale, Arizona or call the Juras Law Firm office at 480-425-2009! We look forward to talking with you and helping you obtain the National Interest Waiver and green card!

 

 

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Visa Fees Will Increase on June 17, 2023

Starting from June 17, 2023, the fees for certain types of temporary (non-immigrant) visas will increase. The fees for visitor visas for business (B-1) or tourism (B-2), student visas (F), exchange visitor (J) visas, and certain temporary worker visas will go up by different amounts. For example, the fee for a visitor visa (B) and other visas (F, J) that do not require a petition to be filed with USCIS will increase from $160 to $185. The fee for temporary worker visas such as H, L, O, P, Q, and R, which do require an approved petition, will increase from $190 to $205. The fees for E visas will increase from $205 to $315.If you have already paid your visa fees before June 17, 2023, the amount you paid will still be considered valid until the expiration date on your fee receipt.

If you would like to discuss if you are eligible to apply for any of the temporary (non-immigrant) or permanent (immigrant) visas, schedule a consultation with an experienced immigration lawyer in Scottsdale, AZ today or call our office at 480-425-2009!  We look forward to talking with you and helping you get your U.S. visa; contact us now!

 

 

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Green Card Lottery Registration Ends on November 9, 2021 (12 PM EST)

The online registration period for the 2023 Diversity Visa Program (DV-2023) has started on October 6, 2021. For Fiscal Year 2023, up to 55,000 diversity visas (DV) will be available. As an immigration law firm, Juras Law Firm, PLC wants to make sure all prospective applicants are aware of this deadline.

Green Card Deadline

You have to be a native of a country with historically low rates of immigration to the U.S. and have at least a high school education or its equivalent, or 2 years of work experience within the past 5 years in an occupation that requires at least 2 years of training or experience to perform.

The results will be available on May 8, 2022. All selected applicants must obtain their visa or adjust their status by the end of the fiscal year 2023, which is from October 1, 2022, through September 30, 2023. Contact us in Scottsdale, AZ if you have any questions!

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Difference between Chapter 15 foreign main and nonmain proceeding

A foreign “main” insolvency proceeding is a foreign proceeding pending in
the country where the debtor has the center of its main interests. The debtor’s registered office or habitual residence (domicile) is presumed to be the center of the debtor’s main interests. A foreign “nonmain” proceeding is a foreign proceeding pending in a country where the debtor maintains an establishment (persistent economic activity).

The distinction is an important one as recognition of a foreign main proceeding provides for certain rights that are not applicable to a foreign nonmain proceeding.

If the U.S. Bankruptcy court recognizes the foreign insolvency proceeding as the main proceeding, the stay of all collection efforts, foreclosures, and lawsuits against the debtor and his or her assets is triggered automatically. In addition, any sales outside the ordinary course need to be approved by the Bankruptcy Court, certain transfers of assets can be avoided and the foreign representative has additional powers. If the foreign proceeding is recognized as a nonmain proceeding, the foreign representative can request powers such as staying collection efforts against debtor’s assets, preventing debtor to transfer his or her assets, interview witnesses, and administering debtor’s assets located in the United States.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about Chapter 15 bankruptcy.  If you would like to discuss if Chapter 15 bankruptcy will help in your situation, schedule a consultation with an experienced bankruptcy lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009.

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What is a conditional green card (permanent residence)?

A conditional green card is valid for only 2 years and is issued (1) to a spouse who has been married for less than 2 years at the time of green card approval and (2) to a foreign EB-5 investor and to his or her dependents.

A conditional green card holder must file a petition to “remove the conditions” within the 90-day period before the conditional green card expires. The conditional green card holder based on marriage needs to show that he has been married during those two years (with certain exceptions). The conditional green card holder based on EB-5 investment needs to show that (s)he invested $1,8 million (or $900,000 in certain areas), (s)he sustained the investment during those 2 years, and that (s)he created 10 new full-time jobs for U.S. workers.

Please note that this article does not constitute legal advice.  We simplified the law to provide only general information to outline the conditional resident status and conditional green card.  If you would like to discuss how to obtain a conditional green card or need help with the removal of conditions on residency, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009.

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Can I enter the U.S. with my green card after one year abroad?

If you have a green card and stayed outside the United States due to circumstances beyond your control for longer than one year or beyond the validity of the re-entry permit, you may need a returning resident (SB-1) special immigrant visa to enter the United States and resume permanent residence. You will need to prove that you did not abandon your residency.

If your application for returning resident status is not approved, a new green card petition will need to be filed.

Please note that this article does not constitute legal advice.  We simplified the law to provide only general information about green card use and validity after an extended stay abroad.  If you plan extended stay abroad or stayed abroad due to unforeseen circumstances and would like to discuss your situation and how we can help you, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009.

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What is an abandonment of a green card?

If a green card holder remains outside the United States for more than a year, the regulations require invalidation of his green card (legal permanent resident status). The Department of Homeland Security takes the position that residency has been abandoned. Residency can be deemed abandoned even where a person lives and works abroad and visits the United States every year. What is relevant to determine if the green card was abandoned is the purpose of the departure, the existence of a fixed termination date for a visit abroad, and the objective intention to return to the United States as a place of permanent employment and actual home. A person may be abroad for several years and not abandon his residency if (s)he has a continuous uninterrupted intention to return to the United States. For example, a child is out of the United States for six years due to father’s heart condition.

Please note that this article does not constitute legal advice.  We simplified the law to provide only general information about the abandonment of a green card.  If you would like to discuss if you have abandoned your green card and what can be done in your situation, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009.

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H-1B approval in 1 day!

Our client, an established engineering and OEM company, wanted to hire a Controls Software Engineer, an Indian national currently on an H-1B visa. We obtained a certified labor condition application and worked with a client to document fully the eligibility for H-1B classification. The petition was filed with a request for premium processing. The USCIS received the petition on Monday and we received approval on Tuesday.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about one H-1B case.  If you would like to H-1B petition approved fast, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009!

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Cross-border insolvency and assets in the United States

Foreign representatives of pending insolvencies abroad contact our office seeking help with reaching debtor’s assets in the United States. Depending on the concrete situation, Chapter 15 under the U.S. Bankruptcy Code may be appropriate. Chapter 15 was added to the U.S. Bankruptcy Code in 2005 and helps courts in different countries to cooperate and coordinate the administration of debtor’s assets located in different countries.

A foreign representative may petition U.S. bankruptcy court for recognition of foreign insolvency proceeding. Once the foreign main insolvency proceeding is recognized, all collections, executions against debtor’s assets and lawsuits are stopped, foreign representative may sell debtor’s assets, recover certain transfer and have other powers that allow him or her to administer debtor’s assets.

While number of Chapter 15 insolvencies increased from six in 2005 to 136 in 2009, the highest number of Chapter 15s (179) was filed in 2016. During years 2010-2019, the average number of Chapter 15 is 103.5 per years

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about Chapter 15 bankruptcy.  If you would like to discuss if Chapter 15 bankruptcy will help in your situation, schedule a consultation with an experienced bankruptcy lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009.

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Will undocumented individuals get legal status under President Biden?

President Biden announced his immigration plan:

1. An 8-year pathway to citizenship for all undocumented immigrants.

Biden’s plan provides a 5-year path to permanent residence for all undocumented individuals present in the United States on January 1, 2021, followed by a 3-year wait for U.S. citizenship. Certain individuals’ path would be shorter, including DACA dreamers and agricultural workers.

2. Eliminating the 3-year and 10-year bars.

Individuals who are in the United States illegally for 180 days and depart are prohibited from returning for 3 years and individuals who are in the United States illegally for 1 year are prohibited from returning for 10 years if they depart. President Biden’s proposal would remove those bars and allow certain individuals to gain legal status in the United States without traveling abroad.

3. Expanding legal immigration.

Biden’s proposal would make significant changes to the legal immigration system. It will reduce green card backlogs, eliminate per-country limits on visas, and provide fast paths to a green card for children and spouses of green card holders.

President’s proposal will need to be approved by Congress.

Please note that this article does not constitute legal advice.  We simplified President Biden’s proposal to provide general information.  If you would like to obtain a visa or green card, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009.