NIW doubts

eppo_varum_enGC

Registered Users (C)
I have some doubts in NIW. Appreciate if somebody helps me.

1) Is NIW (Alien with advanced degree) a EB2 class?

2) Is it a mandatory requirement to submit "Letter of recommendation from US person" for NIW claim?

3) I do not have job or offer of job in US. Currently I am in non-employment visa status in US (H4). Will this status be an issue in claiming NIW?

4) I have a strong reason for NIW claim and I have advanced degree in my area. But I do not have work exprience, education and letter of recommendation in US (However I have the same from my home country), makes NIW claims difficult?

Thank you.
 
My 5 cents

> 1) Is NIW (Alien with advanced degree) a EB2 class?

Yes, it is EB2. The NIW 'waives' the requirement for a labor certification.

> 2) Is it a mandatory requirement to submit "Letter of
> recommendation from US person" for NIW claim?

NIW claims that your work is in the national interest of the US, not a proof of how smart you are. Without someone in the US attesting to this fact, you might have a hard time.

> 3) I do not have job or offer of job in US. Currently I am in
> non-employment visa status in US (H4). Will this status be
> an issue in claiming NIW?

Here it becomes tricky. You don't need a job offer, but apparently CIS issues 'requests for evidence' later on in the process which are hard to reply to if you don't have some sort of job offer.

> 4) I have a strong reason for NIW claim and I have advanced degree
> in my area. But I do not have work exprience, education and letter of

NIW cases are tricky. Maybe you would want to talk to an experienced immigration attorney to determine the best course of action. Maybe one of the other 'premium' categories could be more fitting. (extraordinary ability EB1 for example).
 
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