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Do you need a job in the US to try NIW?
- Thread starter bmh.in.oz
- Start date
No precedent known
No regulations formally require NIW applicant to work/live in the US. However, of many dozen approved NIWs I know of, none was filed from abroad. For comparison, I know a good number of successful "foreign" EAs. That said, I don\'t know any unsuccessful NIWs filed from abroad: all were from the US. The reason is, nobody seems to file NIW from abroad, even though technically it\'s allowed. I guess no one wishes to be the first to try: certain aspects of NIW statutes are written such that, in practice, they would be hard to meet from outside the US. But may be it\'s just my limited sample: anybody knows of NIW filed from abroad, whether successful or not?
No regulations formally require NIW applicant to work/live in the US. However, of many dozen approved NIWs I know of, none was filed from abroad. For comparison, I know a good number of successful "foreign" EAs. That said, I don\'t know any unsuccessful NIWs filed from abroad: all were from the US. The reason is, nobody seems to file NIW from abroad, even though technically it\'s allowed. I guess no one wishes to be the first to try: certain aspects of NIW statutes are written such that, in practice, they would be hard to meet from outside the US. But may be it\'s just my limited sample: anybody knows of NIW filed from abroad, whether successful or not?
leroythelion
Registered Users (C)
Never heard of it either
I would think that a NIW would get approved if the applicant was going to be working in the "National Interest" immediately after immigrating. This would probably have to be proven at the CPIV interview. You are going to need a job before coming, not only to satisfy the "national interest" conditions in the I-140 but also to show you will not be a public charge. I doubt very much you will be able to immigrate with no job and your good looks. I believe the waiving of a job offer is to allow you to petition yourself. Despite the fact that I had petitioned myself (approved EA and NIW, used EA), I was still required to present a notarized letter, stating my position, salary, and job description at my Consular interview. Brian.
I would think that a NIW would get approved if the applicant was going to be working in the "National Interest" immediately after immigrating. This would probably have to be proven at the CPIV interview. You are going to need a job before coming, not only to satisfy the "national interest" conditions in the I-140 but also to show you will not be a public charge. I doubt very much you will be able to immigrate with no job and your good looks. I believe the waiving of a job offer is to allow you to petition yourself. Despite the fact that I had petitioned myself (approved EA and NIW, used EA), I was still required to present a notarized letter, stating my position, salary, and job description at my Consular interview. Brian.
Not that issue
Obviously, any immigrant must prove that he wouldn\'t become a "public charge". This, however, in itself doesn\'t require a job or job offer. E.g., this can (and in numerous cases has been) demonstrated by an
official bank (notary) letter showing substantial transferable assets
(some US consulates informally quote $ 50,000). An Affidavit of Support executed by US relatives is often another possibility. With one or both of these, a number of people have immigrated under EA with no US job offer. However, I\'ve never heard of the same for NIW.
My reading "between the lines" of NIW statutes and applicable interpretations (such as NYSDOT case) is that satisfying them (unlike EA) without a US job would be challenging indeed, completely apart of financial matters.
Obviously, any immigrant must prove that he wouldn\'t become a "public charge". This, however, in itself doesn\'t require a job or job offer. E.g., this can (and in numerous cases has been) demonstrated by an
official bank (notary) letter showing substantial transferable assets
(some US consulates informally quote $ 50,000). An Affidavit of Support executed by US relatives is often another possibility. With one or both of these, a number of people have immigrated under EA with no US job offer. However, I\'ve never heard of the same for NIW.
My reading "between the lines" of NIW statutes and applicable interpretations (such as NYSDOT case) is that satisfying them (unlike EA) without a US job would be challenging indeed, completely apart of financial matters.
NIW from Abroad
Thank you all for your views and replies.
I have applied NIW from Australia (TSC ND 10 Sept 2001) and today I received my RFE in the post (25 June 2002) from TSC. I had heard the AVM for RFE on 1 June but wanted to view the actual RFE text.
It is the standard NYSDOT questions. About why not do LC, scope of national importance, how skills could not be articulated in LC, and projected benefit. There is no mention that not having the job offer is an issue. I think I can answer the NYSDOT but any guidance is surely appreciated.
Anyway I enjoy a challenge.
Thank you all for your views and replies.
I have applied NIW from Australia (TSC ND 10 Sept 2001) and today I received my RFE in the post (25 June 2002) from TSC. I had heard the AVM for RFE on 1 June but wanted to view the actual RFE text.
It is the standard NYSDOT questions. About why not do LC, scope of national importance, how skills could not be articulated in LC, and projected benefit. There is no mention that not having the job offer is an issue. I think I can answer the NYSDOT but any guidance is surely appreciated.
Anyway I enjoy a challenge.
NIW from Abroad
Thank you all for your views and replies. I have applied NIW from Australia (TSC ND 10 Sept 2001) and today I received my RFE in the post (25 June 2002) from TSC. I had heard the AVM for RFE on 1 June but wanted to view the actual RFE text. It is the standard NYSDOT questions. About why not do LC, scope of national importance, how skills could not be articulated in LC, and projected benefit. There is no mention that not having the job offer is an issue. I think I can answer the NYSDOT but any guidance is surely appreciated. Anyway I enjoy a challenge.
Thank you all for your views and replies. I have applied NIW from Australia (TSC ND 10 Sept 2001) and today I received my RFE in the post (25 June 2002) from TSC. I had heard the AVM for RFE on 1 June but wanted to view the actual RFE text. It is the standard NYSDOT questions. About why not do LC, scope of national importance, how skills could not be articulated in LC, and projected benefit. There is no mention that not having the job offer is an issue. I think I can answer the NYSDOT but any guidance is surely appreciated. Anyway I enjoy a challenge.