There is no minimum number of U.S. job creation or revenue generation in the regulations or case law that the government defines as “substantial” at a level to satisfy national…
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To support national importance for NIW, the applicant can focus on their innovative approach or technology that is different and better than the conventional approach in their field. Innovation can…
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Prevailing case law does not consider activities teaching or mentoring junior professionals to have an impact to the field to support a finding of “national importance” for the NIW.
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A clear and detailed narrative of the impact of Petitioner’s research is needed to make the connection between an individual’s previous work and proposed endeavor to support “well positioned” for…
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This post discusses a successful AAO case study of a software developer and entrepreneur who self-petitioned for a NIW and was ultimately approved, which shows the key factors that contribute…
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This post summarizes the nuances of how expert letters play different roles in O1, EB1, and NIW petitions and how they are prepared differently.
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Publications can be used to demonstrate the applicant’s expertise, highlight the applicant’s contributions, and showcase the influence the applicant’s work has had on the field and indicate their future work…
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This Q&A post will answer some of the most commonly found questions about the NIW green card.
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EB2 NIW and PERM are both popular options for foreign workers who seek a U.S. green card through employment. This post will compare these two options and discuss which circumstances…
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This post dispels some common myths about NIW and introduces some reasons why partnering with an experienced lawyer could significantly benefit you in applying for NIW.
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Filing a standalone I-140 and indicating consular processing will not invalidate an applicant’s current F-1 status, but may cause issues if you need to apply for a new F-1 visa…
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This post analyzes an NIW approval case study for an environmental engineer, which shows how a research professional in agricultural sciences can prepare a strong application.
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This post analyzes an NIW approval case study for a transportation researcher, which shows how a research professional in a specific field in data science can prepare a strong application.
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Engineers without papers or patents could showcase the impact of their work possibly by combining a letter from a company insider and objective evidence of the commercial success of a…
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Small consulting firms can also be approved for an NIW, depending on what kind of impact it can make to the industry or society as a whole.
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As a part of the EB2 NIW green card application, applicant will be required to attend an interview with either a consular officer or a USCIS officer. This post will…
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To maximize NIW approval potential for STEM professionals, showcasing the applicant’s research, contribution to patents, awards and recognitions, and previous projects in industry settings can help.
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The priority date needs to be Current for applicants to file their I-485 together with their EB2 NIW I-140 petition. This post explains what is a priority date and what…
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To succeed in an NIW petition, an entrepreneur can submit evidence of job creation plus evidence that the jobs will be in an economically depressed area, proof of grants or…
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USCIS measures entrepreneurial endeavors in terms of revenue generation, profitability, valuations, cash flow, or customer adoption, but other metrics can be of equal importance as well.
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it is possible for finance and investment professionals to qualify for an NIW case, but there is a higher risk the benefits of their endeavor may appear limited to the…
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Entrepreneurs can rely on alternative forms of evidence to prove they are well positioned to advance their endeavor for an NIW petition, including ownership of entity, incubator admission, outside investment,…
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Entrepreneurs and startup founders face unique challenges in qualifying for an NIW. This post will discuss the requirements for the NIW, some common challenges, and potential solutions.
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Tips to avoid 5 common mistakes by NIW applicants and lawyers that lead to delays and denials.
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This post will compare two fact patterns that show what factors are important for proving that a researcher is well positioned to advance their proposed endeavor to qualify for an…
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