National Interest Waiver

Green Card Without Employer's Support

Is there a direct way for me to get a green card or apply for EB-3 without my employer's support? My employer is unwilling to support me for any working visa and I am already out of the status due to this.

Three options: Extraordinary Ability Aliens, National Interest Waiver and Investment (EB-5).

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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NIW Requirements for a Specialist Physician

Does the USCIS make a distinction as to whether a specialist physician works in a Medically Underserved Area vs Health Professional Shortage Area versus Physician Scarcity Area? My job falls in MUA, HPSA but not PSA , is this a problem for a specialist?

NIW requires "You must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA)."

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Employment-Based (EB) Green Card

One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.

EB-2-NIW–Physician in MUA

We represented a physician working for a healthcare network within several counties of a Medically Underserved Area (MUA). Initially, we submitted the required documents, but the tricky issue was the division of the physician’s service over several counties. The approval in this case required that we work closely with officials from the State Health Department to provide proper documentation and verification of the full-time nature of the job, albeit across several areas and proof of physician shortage within each area.

Guestbook Entry for Pallav Bhatnagar, United States

Name: 
Pallav Bhatnagar
Profession/Occupation: 
State: 
Maryland
Country: 
United States
Comment: 
I had a brief telephonic consultation and Resume review with Mr. Khanna. He seems like very through and knowledgable attorney. He provided me right information and suggestion as what should be the next step to follow and in which category my GC petition has more chances to get approved. This is all within 15 mins of consultation and that too with no charge/fee. I would strongly recommend him and his firm. - Pallav  

Physician's NIW/Complex facts

Our client recently received his green card after a long journey with USCIS. He approached us following a denial of his I-140 (NIW, physician in medically underserved area). The applicant had filed the I-140 and I-485 and then moved to a different state while the applications were pending. There had been no action on the file for 2 years. He submitted a service request with USCIS requesting a status update. USCIS issued a Request for Evidence shortly after the applicant’s move, which was sent to the original address and ultimately returned undelivered.

Team Notes: 
Pavan
Profession/Occupation: 

Guestbook Entry for Ashish, United States

Name: 
Ashish
Profession/Occupation: 
State: 
TX
Country: 
United States
Comment: 
I had a conference call with Mr. Khanna. I from India and have done my PhD. I was interested in filing for Green card through EB1 or NIW category. However, after looking at my CV he advised me that my case is not strong enough for either of the two. He said that whether I get the green card or not the lawyer will get paid, so I should be careful in selecting a category to file my green card under. This honesty really impressed me about him. I will take more legal advise before reaching a conclusion but at least Mr. Khanna was honest enough to give me his frank opinion and not take me for a ride as I have read about other attorneys / law firms. Thank you Mr. Khanna for your time !

Guestbook Entry for Carina, United States

Name: 
Carina
Country: 
United States
Comment: 
I contacted immigration.com., and got an email back the next day, and phone consult set up with Rajiv Khanna two days later.  He was extremely helpful, explaining to me the weaknesses and opportunities of my case, and actually gave me some reference point to talk to my employer.  I am grateful to Rajiv and his staff for their assistance, and would wholeheartedly recommend them to anyone looking for quality legal opinion on their immigration cases.

Physician in Medically Underserved Area, EB2/NIW

We have recently won a case for a physician working in several rural clinics as well as his private practice within a medically underserved area. We were retained following a denial of the I-140 petition for NIW. We filed an appeal as well as an amended (new) I-140 application to show that the physician had met the 5-year service requirements for an NIW. The applicant had moved from one medically underserved area to another while the original I-140 was pending. The issue was whether an “amendment” could have been filed in this case to notify USCIS of the move without an approved I-140.

Profession/Occupation: 

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