Murthy Success Story: NIW Approval for Expert in Public Safety Technology
The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB2 national interest waiver (NIW) category. In one such case, the immigrant petition (form I-140) was filed for a public safety technology researcher focused in the areas of machine learning, artificial intelligence (AI), data analytics, and data management. Our client graciously granted permission to the Murthy Law Firm to share her story to help others who may be considering applying for an NIW.
Qualifying for a National Interest Waiver (NIW)The NIW is an avenue under U.S. immigration law to attract foreign nationals with an advanced degree or of exceptional ability in the sciences, arts, or business whose work has substantial merit and is of national importance, as explained in the MurthyDotCom InfoArticle, Overview of the EB2 National Interest Waiver (08.Jan.2024). Unlike most employment-based categories, there is no requirement for an employer to provide sponsorship under the NIW category. Rather, the I-140 normally is filed directly by the foreign national on their own behalf. If approved, the NIW waives the standard requirement of obtaining a PERM labor certification.
Presenting Petitioner’s Work to USCISThe individual in this case held an advanced degree, but we still needed to demonstrate that our client’s proposed endeavor had both substantial merit and national importance, and that she was well-positioned to advance the endeavor. Plus, we had to evidence that, on balance, it would be beneficial to the U.S. to waive the labor certification requirement.
We helped to evidence the substantial merit of our client’s work with expert opinion letters attesting that her research improved the safety and well-being of first responders across the U.S. and advanced the technology in her field. We further demonstrated that her work is of national importance, as her work in the field of public safety applied nationally, rather than just locally or regionally.
We also presented evidence on how our client was well positioned to advance her proposed endeavors in the U.S. She has made a name for herself in the field of public safety technology and has received multiple awards for her research and innovations in the field. She has authored several publications and presented her research at leading international conferences and meetings. Her demonstrated track record of technological innovations and contributions to public safety technology further supported that she could continue her work in the U.S.
Ultimately, we were able to persuade the USCIS that, based on our client’s background and contributions to public safety technology, it would be beneficial to the U.S. to waive the PERM labor certification requirement for her, and the USCIS approved the EB2 NIW petition.
ConclusionThe EB2 NIW category allows the U.S. to benefit from the creativity and innovation of highly accomplished foreign nationals. Given the opportunity, accomplished individuals help transform the nation and ensure that the U.S. remains a global leader in technology and innovation. The Murthy Law Firm has close to 30 years of experience in filing NIWs for our clients. Anyone interested in exploring the possibility of filing an NIW case is encouraged to schedule a consultation with an experienced attorney at the Murthy Law Firm.
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I own a company in the U.S. and one in India. In India, there is someone who has worked for the Indian entity as a contractor for a couple of years, developing a proprietary tool for us. Is it possible for him to now work for the U.S. company in L1B...
One of the requirements to qualify for L-1 is that the foreign national must be employed by the related entity abroad for at least one year. Serving as a contractor, rather than an employee, typically would not be sufficient to meet this requirement. (24.Apr.2024)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
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The post I own a company in the U.S. and one in India. In India, there is someone who has worked for the Indian entity as a contractor for a couple of years, developing a proprietary tool for us. Is it possible for him to now work for the U.S. company in L1B status? appeared first on Murthy Law Firm | U.S Immigration Law.
My H1B registration was selected in the lottery. I have two different job offers. If Company A and Company B both file change-of-status petitions for me, when do I have to choose which company I am going to join?
Assuming that both petitions are approved with start dates of October 1st, you technically could wait until that date to join either Employer A or B. (24.Apr.2024)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
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An RFE was issued on my H1B petition. Can my employer upgrade my case to premium processing when they respond to my RFE?
Yes, it generally is possible to upgrade to premium processing at any time while an H1B petition is pending. (24.Apr.2024)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
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H1B Layoff? What Now?
Recently been laid off while in H1B status? Schedule a call with one of our attorneys to find out what your options are.
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Reminder: USCIS Strictly Enforces OPT Filing Deadlines
The U.S. Citizenship and Immigration Services (USCIS) strictly enforces the requirement to file the optional practical training (OPT) application within 30 days of the date the designated school official (DSO) enters the OPT recommendation into the Student and Exchange Visitor Information System (SEVIS) record, and within 60 days of the date the DSO enters the recommendation for the STEM OPT extension into the SEVIS record. F-1 students should be familiar with the deadlines for applying for OPT, and those pursuing STEM degrees also should be aware of the STEM OPT application deadline.
Deadlines for Filing Initial OPT ApplicationThere are several deadlines a post-completion OPT applicant should be aware of to ensure the application is not summarily denied by the USCIS. As noted above, the initial OPT application must be submitted within 30 days of the recommendation being entered into the student’s SEVIS record. In addition, the F-1 student may apply up to 90 days before the academic program end date, but no later than 60 days after the program end date. Students should be mindful of both the general filing period and the 30-day deadline for filing following the DSO’s entry of recommendation. This means that the student should not only make sure that the OPT application is filed within the general filing timeframe, but that it is within 30 days of the OPT recommendation of the DSO, as recorded in the student’s SEVIS record.
Deadlines for STEM OPT ExtensionsIf the foreign national qualifies for STEM OPT, the application may be filed up to 90 days before the current OPT expires, but no later than before the current OPT expires. As noted above, the application must be submitted within 60 days of the date the DSO enters the recommendation for the OPT into the SEVIS record.
New OPT Application can be Problematic After DenialMany students face obstacles to the re-filing of a denied OPT application. Even if a denial is received in time to allow for re-filing, there may be problems obtaining new supporting I-20s. The denial decision entered by the USCIS into the SEVIS record may prevent DSOs from issuing new I-20s with the new OPT recommendations. The required steps may create additional difficulty for the affected students, as this takes these cases beyond the generally allowed filing deadline.
ConclusionIt is extremely important for F-1 students to be familiar with filing requirements and deadlines. A denial in these cases often arrives well beyond the time during which a refiling is possible. Students with questions about OPT and related matters may wish to consult a knowledgeable attorney. We at the Murthy Law Firm have a former DSO and other experienced attorneys on our team who can provide guidance and options.
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Are You Eligible for Cap-Gap?
Are you an F-1 student selected in the FY2025 H1B lottery? If you meet certain eligibility criteria upon fling of your H1B petition, you may qualify for cap-gap – i.e. extension of F-1 status and/or OPT employment authorization. Contact us to learn more!
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USCIS Updates Form N-400, Application for Naturalization
The U.S. Citizenship and Immigration Services (USCIS) recently announced that any foreign national filing an application for naturalization (form N-400) now may request an original or replacement Social Security number (SSN) or card without having to visit a Social Security Administration (SSA) office. Additionally, the form N-400 and the USCIS Policy Manual have been updated to include a third gender option, “X,” defined as “Another Gender Identity.”
Requesting Social Security UpdatesAs of April 1, 2024, a foreign national filing an N-400 application may request an original or replacement social security card. If this option is selected in the N-400, the applicant’s immigration status also will be updated with the SSA, without having to visit a SSA field office. However, the SSA may request additional information, if needed.
Third Gender Option AvailableThe revised form N-400 now provides “X” as a third gender option. In addition, if an applicant files using a prior version of the N-400 and the application still is pending, it is possible for the applicant to notify the USCIS of the desire to change the gender listed on the pending N-400 to “X.” Details on updating a pending N-400 are available on the USCIS website.
The USCIS notes that selecting the “X” gender option on the form N-400 may require the applicant to visit a SSA office for a Social Security card or to update the individual’s citizenship status.
ConclusionThe USCIS continues to tweak various forms to make them more practical and inclusive. The latest update to the N-400 process should save newly sworn in U.S. citizens the trouble of having to visit the SSA to update their Social Security information after their citizenship applications have been approved.
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I am in H1B status with a pending I-485 application. I just received my EAD card based on my pending I-485. Do need to switch my work authorization to my EAD?
Generally, no. If you are maintaining H1B status, you are not required to start using your EAD, and you can keep the card as a backup. Once you start using your EAD, your H1B status terminates. And, in many, if not most, situations, we recommend that our client maintain their H1B status, when possible. (17.Apr.2024)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
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My daughter is a high school student in H-4 status. She was offered a paid summer internship that would be great experience for when she applies for college. She asked the company if she could accept the internship without pay, but the company said...
Unfortunately, the H-4 EAD rule only applies for H-4 spouses. Regardless of the reason behind the request, the USCIS cannot approve an H-4 EAD application filed on behalf of an H-4 dependent child. (17.Apr.2024)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
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The post My daughter is a high school student in H-4 status. She was offered a paid summer internship that would be great experience for when she applies for college. She asked the company if she could accept the internship without pay, but the company said they must pay her because of Department of Labor rules. Is there any way get an H-4 EAD? appeared first on Murthy Law Firm | U.S Immigration Law.
Is it possible to renew my driver’s license while my H1B extension is pending?
The rules regarding the issuance of driver’s licenses vary from state to state. You should check with your local Department of Motor Vehicles (or equivalent entity in your state) to determine what is required in that state.
Also note that some states offer two categories of non-commercial drivers’ licenses – a REAL ID compliant driver’s license, which requires applicants to present evidence of their lawful immigration status, and a non-compliant driver’s license, which does not require any type of immigration documentation. These non-compliant drivers’ licenses generally still can be used to drive legally and get automobile insurance. But those licenses may not be accepted as valid forms of identification at federal buildings, such as airports. (17.Apr.2024)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
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L1A to EB1C
An L1A executive or manager in the U.S. often can apply for the EB1C green card! Read more here and contact Murthy Law Firm to see if this works for you.
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Entrepreneur H1B
An H1B cannot be self-sponsored, but an H1B may be an option for certain entrepreneurs with ownership interest in a U.S. start-up, and who want to come to the U.S. to develop their business ventures. Contact us!
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Consolidation of B-1/B-2 Interview Waiver Appointments in New Delhi
Starting March 2024, the U.S. Embassy in India has consolidated B-1/B-2 interview waiver appointments in New Delhi, leading to limited appointment availability at U.S. consular posts in India. Applicants, however, still can submit applications at designated centers across India. This move aims to streamline the visa process, although it may inconvenience some applicants.
Highlights of the Announcement- Applicants eligible for interview waivers still can apply through any of the five Visa Application Centers (VACs) located in Chennai, Hyderabad, Kolkata, Mumbai, and New Delhi.
- For a fee of INR 850 per application, applicants have the option of dropping off their documents at designated drop-off centers in Ahmedabad, Bangalore, Chandigarh, Cochin, Jalandhar, and Pune.
- Limited availability in cities outside the capital may result in longer processing times and increased travel expenses for interview waiver applicants who then are asked to attend in-person interviews, as those interviews will be held at the U.S. Embassy in New Delhi.
While the move to consolidate B-1/B-2 interview waiver appointments in New Delhi may enhance efficiency in some respects, it will present challenges and added costs for some applicants outside the capital region. If any additional important visa announcements are made, the details will be posted on MurthyDotCom.
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L1B Status
L1B status is for specialized knowledge of an employee knowing a company’s specific processes and procedures at the foreign office to related U.S. office. You can learn more here.
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File I-130 Petition to Lock in Priority Date!
Long wait or short wait, the only way in line is by filing the I-130. Can you file an I-130? Should you file? How many to file? Learn more.
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USCIS Picks Dates for Filing for Families & Final Dates for Workers
The USCIS has announced they are using Filing Dates Chart for family-based I-485 cases & Final Action Dates for employment I-485s in May.
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I am working for a consulting firm on OPT. They told me that my case was not selected in the lottery. Is there any way for me to check online on my own to verify that they actually filed the registration for me?
No, only the employer and/or the attorney representing the employer can directly check to see if the registration was submitted on your behalf. You could try filing a Freedom of Information Act (FOIA) request with the USCIS to ask for documents related to any H1B registrations submitted for you in this year’s lottery. However, it is not clear whether the USCIS would provide anything to you. And, even if such information would be provided, it could take many months before you heard back from the USCIS. (09.Apr.2024)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
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The post I am working for a consulting firm on OPT. They told me that my case was not selected in the lottery. Is there any way for me to check online on my own to verify that they actually filed the registration for me? appeared first on Murthy Law Firm | U.S Immigration Law.
I was laid off from my employer and used almost all of my grace period before joining a new employer. If I were to be laid off again, would that mean I would only get the last few days remaining of my grace period?
After an H1B worker uses any portion of the grace period, that person typically is eligible for another 60-day grace period after receiving a new H1B approval. For example, if an H1B worker gets laid off and then finds a new job during the grace period and has an H1B change of employer approved, that person would then be eligible for a new 60-day grace period based on the new H1B approval. (09.Apr.2024)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
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I was laid off by my H1B employer, and the company refused to pay for my return trip to India. Do I have any recourse?
Yes, you may file a complaint with the Wage & Hour Division of the U.S. Department of Labor. (09.Apr.2024)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
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