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Hello, I would like to understand USCIS Policy Alert issue on Jan 21, 2022. Am eligible for EB2 category, However my employer has not started the process yet Q1 - Can I use EB2-NIW category ? Q2 - Without Employer, can i file EB2-NIW category independently based on my degree and experience? https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-national-interest-waivers Am an Indian Born Australian Citizen Looking forward to lodge my perm filing with a Lawyer if i can file independently.
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The policy alert defines a USCIS attempt to attract and make the process somewhat easier for STEM individuals to immigrate to the US. It has traditionally been easier for a NIW case to be approved where there is an employer. USCIS appears to have softened on the need where STEM people are concerned. For a more comprehensive look at your case, you should consult with an immigration lawyer who can look over your background and discuss your options including NIW. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Feb 09th, 2022 at 2:47 PM