Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

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Currently I am on H1 visa and I am applying for NIW EB2 based on my work qualification and national award I won, I don’t have PHD and research publication though. Now if I leave job after applying NIW EB2, and move to H4, will this cause any issue? I know NIW eb2 does not need labor or job.

3 Responses to NIW EB2

  • LEGACY says:

    The basis for the NIW that I propose is exceptional ability.

    My premise are:

    1. I have a master’s degree in my field from University of Lagos, Nigeria.
    2. I am a licensed professional engineer in Texas
    3. I am a licensed professional engineer in California.
    4. I am a certified automation professional with International Society of Automation (ISA), USA.
    5. I worked in Texas and California for 5 years under L1B
    6. I earned more than $100 000 in any of the 5 years period
    7. I have 17 years industry work experience.

    1. Can I apply while working oversees (UK). Must I be working in USA to apply?
    2. I have B1 visa with which I visit my family in USA from time to time.
    3. Can one adjust status from B1.


    Please advice from your professional experience if is worth giving a try. What are my chances.


    • Tigran Kalaydzhyan says:

      Yes, you can apply from overseas, you don’t have to work in the U.S. to apply. Adjusting from B1 is possible but might be a problem. For example, if you entered the U.S. and filed I-485 for the adjustment of status within 90 days, this may count as a fraud, in the sense that you misrepresented your intent in front of the border officer. In principle, if you stay for more than 90 days and the stamp in your passport allows that, then you may try filing I-485, but then you will be stuck in the country until you receive the advance parole to be able to leave and reenter the country later.

      Speaking of the NIW, please keep in mind that an important part of the application is to demonstrate that your work has national importance and intrinsic merit.

  • Tigran Kalaydzhyan says:

    Hi tj,

    You can leave the job before or after applying for NIW EB2, this will not interfere with the process. If you file I-140, this will not be a problem for switching to H4.

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