Do I need a job offer or employer to apply for an NIW?

No. The NIW allows self-petitioning, which means you can apply on your own behalf without an employer sponsor. This flexibility makes the NIW a strong option for professionals, researchers, and founders who want to stay in the U.S. long-term.

What’s the difference between an NIW and an EB-1A petition??

Both NIW and EB-1A allow self-petitioning without an employer, but the standards differ.

• EB-1A (Extraordinary Ability) requires proof that you are among the top few in your field.

• NIW (National Interest Waiver) focuses on how your work benefits the United States as a whole.
  Some professionals qualify for both — a careful evaluation can determine the best fit for your background.
  

Can I apply for an EB visa while I’m on F-1, J-1, or H-1B status?

Normally, yes. Many clients apply while on temporary visas such as F-1 (students), J-1 (exchange visitors), or H-1B (specialty workers). However, timing and immigration intent can be important, especially if you plan to travel internationally while your case is pending. Also, your visa petition must have a current priority date before adjusting status or consular processing. Consult with an attorney before filing.

Does it matter where I live or where my business is located?

No. Immigration law is federal, which means we can represent you no matter where you live in the United States or even abroad. Powell Law Office works with clients nationwide and worldwide.

Can my spouse and children be included in my case?

In most cases, yes. Your spouse and unmarried children under 21 can be included as derivative beneficiaries and apply for green cards with you once your EB visa is approved (or concurrently if filing together), or they can apply for non-immigrant visas based on your non-immigrant visa. They must still independently qualify for admission to the US.

Do I really need an attorney to file an Immigration petition?

Empoyment immigration is incredibly complicated, and in today’s immigration environment seemingly tiny errors can result in delays or even denials. Powell can help present your achievements effectively, organize evidence, and anticipate USCIS concerns, improving your chances of success and avoiding costly delays.

How can I get started?

You can schedule a consultation with Powell Law Office to discuss your background, qualifications, and immigration goals. We’ll evaluate whether an employment visa category fits your situation and outline next steps to begin your petition.