m********e
发帖数: 5088 | 1 我记得版上好像有人问过NIW485的时候要不要EVL，还有很多人对similar or same
field有疑问。我觉得最好的回答是AAO的解释：
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professi
见页8，
从Ed Skerrett的MEMO得出：“When a service center approves a petition based
on a national interest waiver, the job offer requirement is waived,
regardless of whether an employer signed the I-140 petition. In determining
the validity of an approved petition filed under the national interest
waiver provision, the primary issue is whether the alien still intends to be
performing the activity or work which was the basis for the national
interest waiver. If the national interest waiver was based on the alien’s
work with a particular employer, a petition filed by that employer would no
longer be valid if the employer will not hire the alien. If, however, the
basis for the national interest waiver was the alien’s contributions to an
industry which can be utilized by another employer, the petition may remain
valid. The validity of each petition should be determined on a case-by-case
basis, when it is brought to the attention of an adjudications officer."
但AAO说，Skerrett说的不算，就算说的算的话，AAO的理解为：
“Furthermore? even if the letter were binding, the AAO notes that, after
the above-quoted passage,went on to state that "the petition may remain
valid" if "the basis for the national interest waiver was the alien's
contributions to an industry which can be utilized by another
employer." This reference to an "employer" is fully consistent with the AAO'
s position that if an alien seeks a classification defined by statute as
employment-based, then the alien's continued eligibility for that
classification is contingent on the alien's continued employment (as that
term is commonly understood) in the same field through which the alien
obtained that classification. If an alien has no good faith intention of
continuing to be employed in a given field, but obtains a waiver through
temporary employment in that field, then it would be entirely appropriate
for USCIS to revisit and reconsider its prior approval of the petition.”
总结为，NIW485一定要带EVL，similar/same field没有具体的memo，但是参见AC21比
较好。 | f****l
发帖数: 8042 | 2 good to know. thank you. | p**********n
发帖数: 459 | 3 谢谢分享。不过，这封信是关于140 petition的appeal吧？到485的时候还会这样
scrutinize吗？就算会，也只有current employment/EVL才能证明"good faith
intention of continuing to be employed in a given field"吗？其他的比如还在继
续发文章不行吗？ | m********e
发帖数: 5088 | 4 Skerrett memo是The letter answered an inquiry concerning an alien
whose employer had ceased operations after the alien had received a national
interest waiver based on his work for that company.
见Skerrett memo原文吧
【在 p**********n 的大作中提到】
: 谢谢分享。不过，这封信是关于140 petition的appeal吧？到485的时候还会这样
: scrutinize吗？就算会，也只有current employment/EVL才能证明"good faith
: intention of continuing to be employed in a given field"吗？其他的比如还在继
: 续发文章不行吗？
| A*****7
发帖数: 15 | |
|
