Author Archives: Jay Butchko
Peer Reviews and Publications in NIW Applications for Ph.D.s
For Ph.D. holders eyeing a future in the United States, the National Interest Waiver (NIW) can be a game-changer. This unique immigration pathway allows certain foreign nationals to bypass the labor certification process, provided their work is in the “national interest.” But how do you prove that your contributions are not just significant but… Read More »
The EB-2 ‘Exceptional Ability’ Category
While many applicants in the EB-2 category possess advanced degrees, another route to qualify is through establishing that you have “exceptional ability” in your field. If you do not possess an advanced degree but feel you have exceptional ability in a particular field, contact the Houston EB-2 Visa attorneys at BBA Immigration to evaluate… Read More »
What Does “Well-Positioned to Advance an Endeavor” Mean in a National Interest Waiver?
The National Interest Waiver (NIW) is an immigration pathway for foreign nationals whose work is deemed beneficial to the United States. One of the key elements to obtain an NIW is that the petitioner must be “well-positioned to advance the proposed endeavor.” The Dhanasar Standard The Dhanasar standard outlines a three-pronged test for evaluating… Read More »
The Relationship Between Mississippi Phosphate and Dhanasar Pertaining to National Interest Waivers
One of the most intriguing yet complex pathways to employment-based visas is the National Interest Waiver (NIW). This provision allows certain foreign nationals to bypass the labor certification process if they can demonstrate their work benefits the United States. But what exactly constitutes “national interest,” and how has this concept evolved? The Elusive Mississippi… Read More »
Demonstrating “National Importance” in a National Interest Waiver
One of the most challenging aspects of applying for a National Interest Waiver (NIW) is proving that your work has “national importance.” This term, introduced in the Dhanasar standard, has broadened the scope for NIW eligibility but left many applicants wondering how to effectively demonstrate this crucial criterion. In this blog post, we’ll explore… Read More »
The Evolution of National Interest Waivers: NYSDOT to Dhanasar
The landscape of U.S. immigration law is ever-changing, and one area that has seen significant evolution is the National Interest Waiver (NIW). This provision allows certain foreign nationals to bypass the labor certification process if their work is deemed beneficial to the United States. But how do we define “beneficial,” and how has this… Read More »
Does Having A Ph.D. Help You Obtain A Green Card?
A variety of visas can lead to a green card. No matter the visa that an immigrant wishes to obtain, though, certain requirements must be met and, depending on the visa, a PhD can help them satisfy these requirements. What Is A Green Card? A green card – also known as a “Permanent Resident… Read More »
Advancing STEM Endeavors: The Unique Opportunities for Ph.D. Holders in the U.S.
Introduction In the modern era, where technology and innovation steer the future, Ph.D. holders in STEM fields stand at the forefront of transformative change. Their unique expertise not only promises individual growth but also the advancement of U.S. national interests. Our firm is committed to assisting these torchbearers in their journey, emphasizing the potential… Read More »
Understanding the Balancing Test in a National Interest Waiver
The National Interest Waiver (NIW) is a unique immigration pathway that allows certain foreign nationals to bypass the labor certification process, provided their work benefits the United States. One of the most nuanced aspects of the NIW application is the “balancing test,” a critical part of the Dhanasar standard’s third prong. In this blog,… Read More »
Beyond Degrees: Evaluating a Person’s Potential in STEM Endeavors
The Power of a Ph.D. in STEM While having an advanced STEM degree, particularly a Ph.D., is an influential factor, it’s essential to remember that these degrees focus on narrow areas. A Ph.D. reflects in-depth scientific knowledge in a particular STEM subset. Thus, officers must discern if the person’s specialized STEM area aligns with… Read More »