On January 21, 2022, USCIS published significant updates to its guidelines that outline how national interest waiver (NIW) cases are adjudicated. Detailed sections were added that provide valuable insights for…
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On January 21, 2022, USCIS published significant updates to its guidelines that outline how national interest waiver (NIW) cases are adjudicated.
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NIW petitioners should propose more than a simple job search, they should present evidence of interest in their specific research or business project.
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NIW strategy for entrepreneurs – how to successfully argue substantial merit and national importance
Entrepreneurs can improve their chances at the NIW application by presenting a specific and original value of their offering, evidence of interest from clients, and a good business plan.
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Labor shortage in a particular field is not enough to establish national importance. Petitioners must demonstrate spillover effects to industry as a whole beyond one’s immediate employer or clients.
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“Major media” in the context of EB1A petitions means sources with a large independent circulation count or referenced by other media as authoritative.
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If your NIW or EB-1A was denied, you may have a better chance re-applying with new evidence or with a different case presentation strategy, and a new officer looking at…
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General category NIW can be a more convenient alternative than Physician NIW or PERM for foreign medical doctors immigrating to the U.S.
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RFEs are commonly issued for insufficient substantiation of proposed endeavor, national importance, and examples of the industry wide impact of your work.
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Approved EB-2 petition beneficiaries can retain their priority date for a subsequently approved EB-1 petition.
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Three strategies to succeed in the “national importance” prong of a NIW petition: be specific, identify industry-wide impacts, and focus on innovations.
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If your O-1 employment was terminated by the employer, the O-1 petition is liable for the cost of return transportation to the country of your last residence.
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Strategies to succeed in the “well positioned” prong of NIW petition: present evidence that your work has been implemented, utilized, or recognized by others in your field.
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While not common, Consular officers do have a discretion to send an O-1 petition to USCIS for re-consideration if they think you don’t meet the O-1 criteria.
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At the O-1 visa interview, the officer may ask you questions about how you qualify for the visa and about the job in the US.
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My family lives outside the U.S., can they apply for the NIW green card with me?
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NIW applicants have the benefit of self-petitioning. Entrepreneurs, consultants and other applicants who want more flexibility in their future work plans may prefer to self-petition.
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You can set up a company in the U.S. that will sponsor you for an O-1 visa. You can file a self-petition for Eb-1a green card (no company set up…
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NIW applicants who are qualifying based on exceptional ability should provide as much documentation as possible to show they are exceptional compared to others in their field.
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While there is no specific number of years of experience required for an NIW application, applicants should have a strong track record of significant success in their industry.
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