Montreal embassy EB-2 interview wait time-Part 2

[TheMaverick 47]

10 hours ago, JBG123 said:

Does this mean if you have immunity to Covid from a previous infection you do not need a vaccine or booster? Also, do children need Covid vaccines? We have 4 kids under 5yo that really don’t need that vaccine 

COVID booster is mandatory and has to be taken in the last 12 months of medical date. For all other test lab immunity will do

[TheMaverick 47]

11 hours ago, JesusisLord24 said:

@TheMaverick, where did you get the titer test done in Toronto and how much did it cost? 

You can get it done with your family doctor. I just asked mine that I need a test done for immunity for those mentioned in the list. He did not ask much and got it done and it was covered under OHIP. However to fill the form and print the lab report there was some charges involved since that was not covered under OHIP. The immigration doctors do need to see the lab results to verify immunity

[TheMaverick 47]

10 hours ago, JBG123 said:

Does this mean if you have immunity to Covid from a previous infection you do not need a vaccine or booster? Also, do children need Covid vaccines? We have 4 kids under 5yo that really don’t need that vaccine 

I am not sure about the exact age( below which it exempted)but small kids do need the full dose. Also I am not sure if the single doses given these days constitute the full dose. You can call the visa doctors office or send them an email. They normally respond pretty soon

[neds 14]

Does anyone know, what are the chances of the officer asking a person under NIW category for an offer letter?

[Froozion 68]

46 minutes ago, neds said:

Does anyone know, what are the chances of the officer asking a person under NIW category for an offer letter?

If you are NIW you do not need an offer letter. 

[neds 14]

1 hour ago, Froozion said:

If you are NIW you do not need an offer letter. 

Thanks! My lawyer tells me that the officer may still ask, and if one doesn’t have a letter (or any proof that they employers are interested to hire them) it may result in AP. 

[Coco_2023 5]

42 minutes ago, neds said:

Thanks! My lawyer tells me that the officer may still ask, and if one doesn’t have a letter (or any proof that they employers are interested to hire them) it may result in AP. 

Your lawyer is wrong!

 

Neither NIW endeavor types including persoanl (worker/employee) nor entrepreneurship (those who have had their own company and employees for several years before applying) don't need a sponsor

[Adam RS 13]

32 minutes ago, Coco_2023 said:

Your lawyer is wrong!

 

Neither NIW endeavor types including persoanl (worker/employee) nor entrepreneurship (those who have had their own company and employees for several years before applying) don't need a sponsor

@neds @Coco_2023  My lawyer also recommends to have an employment letter of any correspondence from an employer can strengthen the application and if I do not have, my case may result in AP.  

[Alex Nzo 2]

17 minutes ago, Adam RS said:

@neds @Coco_2023  My lawyer also recommends to have an employment letter of any correspondence from an employer can strengthen the application and if I do not have, my case may result in AP.  

Coco_2023  is right.  Eb2 and EB2 -Niw are different

[mgsctravels 1]

1 minute ago, Alex Nzo said:

Coco_2023  is right.  Eb2 and EB2 -Niw are different

 

What about EB-1A? I know I didn't require an employment letter for the petition, but what about at the interview? Will they ask?

[Aaron_ 5]

4 hours ago, neds said:

Does anyone know, what are the chances of the officer asking a person under NIW category for an offer letter?

 

[Aaron_ 5]

5 minutes ago, Aaron_ said:

 

 

37 minutes ago, Alex Nzo said:

Coco_2023  is right.  Eb2 and EB2 -Niw are different

The EB-2 and EB-2 NIW (National Interest Waiver) visas are both categories within the U.S. employment-based, second preference visa program, but they have distinct differences mainly in terms of the requirements for sponsorship and the basis for granting the visa.
EB-2 Visa

The EB-2 visa category is generally for foreign nationals who either have an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree plus at least five years of progressive experience in their profession (classified as "exceptional ability" in their field of science, arts, or business). The key requirements for the EB-2 visa are:

    Job Offer: The applicant must have a job offer from a U.S. employer.
    Labor Certification: The employer must obtain a PERM Labor Certification from the U.S. Department of Labor, demonstrating that there are no qualified U.S. workers available for the position, and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

EB-2 NIW (National Interest Waiver)

The EB-2 NIW category also falls under the broader EB-2 classification but comes with the advantage of a waiver of the job offer and labor certification requirements if it can be demonstrated that the applicant's work is in the national interest of the United States. The key aspects of the EB-2 NIW are:

    No Job Offer Required: Applicants can self-petition; they do not need an employer to sponsor them.
    Waiver of Labor Certification: Applicants do not need to go through the PERM Labor Certification process.
    National Interest: The applicant must demonstrate that their proposed endeavor has both substantial merit and national importance, that they are well-positioned to advance this endeavor, and that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.

Key Differences

    Sponsorship: EB-2 requires an employer and a job offer, while EB-2 NIW allows self-petitioning without a specific job offer.
    Labor Certification: EB-2 requires a labor certification, whereas EB-2 NIW does not, provided the waiver criteria are met.

Both visa types aim to benefit the U.S. by attracting high-skilled workers, but the EB-2 NIW provides more flexibility for individuals who can prove that 

[Alex Nzo 2]

14 minutes ago, Aaron_ said:

 

The EB-2 and EB-2 NIW (National Interest Waiver) visas are both categories within the U.S. employment-based, second preference visa program, but they have distinct differences mainly in terms of the requirements for sponsorship and the basis for granting the visa.
EB-2 Visa

The EB-2 visa category is generally for foreign nationals who either have an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree plus at least five years of progressive experience in their profession (classified as "exceptional ability" in their field of science, arts, or business). The key requirements for the EB-2 visa are:

    Job Offer: The applicant must have a job offer from a U.S. employer.
    Labor Certification: The employer must obtain a PERM Labor Certification from the U.S. Department of Labor, demonstrating that there are no qualified U.S. workers available for the position, and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

EB-2 NIW (National Interest Waiver)

The EB-2 NIW category also falls under the broader EB-2 classification but comes with the advantage of a waiver of the job offer and labor certification requirements if it can be demonstrated that the applicant's work is in the national interest of the United States. The key aspects of the EB-2 NIW are:

    No Job Offer Required: Applicants can self-petition; they do not need an employer to sponsor them.
    Waiver of Labor Certification: Applicants do not need to go through the PERM Labor Certification process.
    National Interest: The applicant must demonstrate that their proposed endeavor has both substantial merit and national importance, that they are well-positioned to advance this endeavor, and that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.

Key Differences

    Sponsorship: EB-2 requires an employer and a job offer, while EB-2 NIW allows self-petitioning without a specific job offer.
    Labor Certification: EB-2 requires a labor certification, whereas EB-2 NIW does not, provided the waiver criteria are met.

Both visa types aim to benefit the U.S. by attracting high-skilled workers, but the EB-2 NIW provides more flexibility for individuals who can prove that 

Thanks Aaron, for explaining in a nutshell

[Adam RS 13]

Hi guys,

Please share your ideas.
 

Last year, I had an interview at the US consulate in Montreal for the DV Lottery. They placed me in administrative processing and requested that I complete Form 5535. My administrative processing was concluded, and I was cleared at the beginning of September. They then emailed me instructions to mail my passport for visa labeling. However, upon delivery of my passport, I was informed that the visa quota had been reached, and there were no visas available for me.

My question is whether the administrative processing I underwent for the DV Lottery could apply to my EB2-NIW interview scheduled for May 31st? Alternatively, is there a possibility that I may be placed under administrative processing again?

[Leo The Great 90]

1 hour ago, Adam RS said:

Hi guys,

Please share your ideas.
 

Last year, I had an interview at the US consulate in Montreal for the DV Lottery. They placed me in administrative processing and requested that I complete Form 5535. My administrative processing was concluded, and I was cleared at the beginning of September. They then emailed me instructions to mail my passport for visa labeling. However, upon delivery of my passport, I was informed that the visa quota had been reached, and there were no visas available for me.

My question is whether the administrative processing I underwent for the DV Lottery could apply to my EB2-NIW interview scheduled for May 31st? Alternatively, is there a possibility that I may be placed under administrative processing again?

When did you place in AP last year and when you were cleared from it.

Most likely the system will alert the CO once again for AP.  I would suggest bring all documents relating AP during the interview and convince CO that you were in AP last year and were cleared if CO decide to give you 221g once again.

 

There is information (not sure still valid) available on internet

https://en.wikipedia.org/wiki/Security_Advisory_Opinion

Validity period[edit]

The validity of the clearance (which specifies a deadline for the time a visa could be issued) is based on its type, and ranges between three and 48 months.^[1] During the period of validity, posts can usually issue another visa for the applicant without requesting a new SAO if the applicant's circumstances have not changed much.

Edited April 23 by Leo The Great