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Daniel Vas

National Interest Waiver - Help Needed

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Hi Everyone!

My name is Daniel and I currently live in Hungary, however, I also lived abroad in Switzerland.

I have been in talks with an immigration lawyer who reviewed my CV and work experience (I work in cyber security and hold a senior management position for a US-based startup company in operation since 2017, but worked for big4 companies mostly) and recommended the EB-2 I-140 Petition National Interest Waiver. Since we started our 'journey' I got an official evaluation( from Silvergate Evaluations) for a BA degree from a NY-based university based on my work experience as my degree is not at the field of my work (BA in English Linguistics and Literature). And this is where I am stuck now. The immigration lawyer disappeared, since the end of November she only answer once for an email I sent her. We were due to sign the contract to start the VISA process, however, she has not answer any of my mails, calls and I would like to start this process as soon as possible. 

 

Is there anyone that you would wholeheartedly recommend to help me with the VISA process? At this point I even question the validity of the VISA type I needed. Thank you very much! 

 

Daniel

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Sounds like your lawyer ghosted you. So you're a Hungarian? Look into DV lottery come October/November. 

Otherwise, employment route if you have the years of experience. Unclear if you've pursued actual BA/MA/certificate in cybersecurity - if you haven't, perhaps look into doing that to strengthen your application. 

Here's the USCIS manual update on NIW: https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-national-interest-waivers

 

paging @jan22

 

https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-national-interest-waivers

ROC 2009
Naturalization 2010

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Hi @Daniel Vas your case does not seem to qualify for National Interest Waiver.

If your introduction was "Hi my name is Daniel and I am a PhD in Computer Science and a Turing Award winner with 20 years of experience in the field" then maybe it was qualifying.

 

Your route is either DV lottery or H1B.

 

Good luck!

 

 

 

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23 minutes ago, Daniel Vas said:

Thanks for the reply. Yes, I am Hungarian.

 

I don't have a degree in Cybersecurity, however, based on the recommendation from the lawyer I requested an official work and academic evaluation. They are able to provide an evaluation that my work experience holds up to a BA  degree in Cyber.

Let me repeat that, I do not believe you qualify for National Interest Waiver.

 

Not all people with Masters Degrees and PhD qualify for it.

 

You have to have something exceptional in your case + you better have recommendation letters from top Cyber security experts in the US asking US government to help you.

 

Don't waste your time, search for employer who can sponsor you for H1B and play the free DV lottery.

Edited by OldUser
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Filed: K-1 Visa Country: Wales
Timeline

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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For the NIW you need at least a Masters degree, but practically speaking a PhD would be a minimum educational credential. You also need a decent publication record (for sciences), or equivalent for other fields (books, media coverage, etc). One thing you do NOT need is an employer, as the NIW is self-sponsored.

 

So, have you published in the field of cybersecurity? Is the industry benefiting from your creative work, and can you document that? If so, you can try https://www.wegreened.com/Clients-NIW-National-Interest-Waiver-EB1-Attorney-Lawyer (as recommended by Boiler, above, and myself). Incidentally, I hired the same law firm for my NIW and they ARE good.  

 

But, my guess, based on your post, is that H1B or L-1 would be more appropriate avenues for you at this point, especially if you have an employer willing to sponsor you. 

 

 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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I do not have official publications, I do have numerous blog publications through our company website and video podcasts talking about cybersecurity with industry peers. 

 

If I understand right, L-1 is for intercompany transfers, however, the company only have a US-based office. I currently work for them as a contractor based out of Hungary. 

 

For H1B does the company need to hold a permanent sponsorship licence or they can sponsor me on an ad-hoc basis paying for the sponsorship fees?

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7 hours ago, Daniel Vas said:

For H1B does the company need to hold a permanent sponsorship licence or they can sponsor me on an ad-hoc basis paying for the sponsorship fees?

My advice: find a company who has experience filing H1B and does it regularly. It's not the simplest process in the world, and I would not want my application to be screwed because the company doesn't know what they're doing.

Edited by OldUser
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7 hours ago, Daniel Vas said:

I do not have official publications, I do have numerous blog publications through our company website and video podcasts talking about cybersecurity with industry peers. 

This won't fly for NIW almost certainly.

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22 hours ago, Daniel Vas said:

I do not have official publications, I do have numerous blog publications through our company website and video podcasts talking about cybersecurity with industry peers. 

 

If I understand right, L-1 is for intercompany transfers, however, the company only have a US-based office. I currently work for them as a contractor based out of Hungary. 

 

For H1B does the company need to hold a permanent sponsorship licence or they can sponsor me on an ad-hoc basis paying for the sponsorship fees?

You do not equality for the NIW.  Best bet is to look to being petitioned by the employer.

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