Question: What should individuals look for to determine if they are eligible to apply for the EB2-NIW?

Answer: The first step in determining eligibility for the EB2-NIW is to ensure that the individual meets the prerequisites and qualifications for the visa. However, the most difficult part of the process is demonstrating national importance and substantial merit, as well as the individual’s ability to take on the proposed endeavor in the United States. It is important to be honest with clients and inform them if they do not qualify for the national interest waiver. USCIS has also been inconsistent in adjudicating these waivers, which can make the process challenging. If an RFE is received, it is important to take a deep breath and address each question thoroughly.

Question: What factors should be considered when taking on an EB2-NIW self-petition, and how can one effectively strategize to define a case?

Answer: When considering an EB2-NIW self-petition, several factors are taken into account. The first step is to ensure that the petitioner meets all the necessary prerequisites. Next, it’s essential to understand the petitioner’s background, including their profession and work experience. For example, if the petitioner is a commercial director, this would not qualify them for the EB2-NIW category.

If the petitioner is an attorney, it’s important to understand their field of expertise and legal practice. For instance, if the attorney specializes in health or genetics law, and has experience working with genetic regulation and compliance laws, this could be beneficial for their EB2-NIW application. It’s also essential to consider their achievements, such as participating in writing legislation or winning awards.

Each case is unique, and therefore a creative approach is needed. Research is crucial to identify opportunities that align with the petitioner’s strengths and qualifications. In addition, when dealing with technical or scientific fields, it’s important to explain complex concepts in simple terms to ensure the immigration officer understands the case fully and prevents an RFE. By considering these factors, it is possible to build a strong EB2-NIW case that meets the national interest criteria.

Question: What industries do the candidates belong to and how did you make it work for the EB2-NIW?

Answer: The industries are quite diverse, ranging from the automobile industry to medicine, architecture, and law. The determining factor is the candidate’s expertise and their ability to innovate or create something, such as a method. For instance, an attorney once developed a software to centralize all the cases for ease of law firm management. Although she was not a software developer, her input and ideas made it possible for software developers to create a case management software. She has sold the software idea to all law firms in her country. This is an example that frequently appears in RFEs, where the candidate’s method has been copied or used by others, or where the candidate holds a registered trademark or patent. The attorney did not have a patent at the time but had applied for one and possessed a registered trademark.

Question: What are the main documents to be submitted for the type of visa, depending on the situations that you face?

Answer: It depends on the situation, but for a recent RFE (Request for Evidence), the officer requested a foreign degree evaluation to show that the client’s diploma from another country is equivalent to a US diploma. The attorney believes this is not a requirement for the national interest visa, but told the client to get it done anyway. However, the attorney had never received a request for an academic evaluation before. Additionally, the client is an attorney with a bar card from their country and is a member of the bar association there. However, the officer requested documentary evidence to show that the association is professional in nature, despite it being a professional association that only admits attorneys who have passed an exam. These requests vary depending on the situation and sometimes result in strengthening the client’s case.

Question: What is the difference in the order of magnitude of attorney legal fee costs for an EB2 versus an EB1?

Answer: I would charge the same fee for both cases, as they are equally time-consuming. Each National Interest Waiver (NIW) case requires a considerable amount of effort, research, and preparation, similar to that of an EV1 case. As a matter of fact, I always provide a business plan for my NIW cases without waiting for the immigration authorities to request it or issue an RFE (Request for Evidence). However, reviewing the business plan in detail with the client and ensuring that we are on the same page is crucial, even if the client entrusts me with the responsibility of reviewing it entirely. Moreover, I always make sure that the business plan reflects our objectives accurately.

Lately, for NIW cases, I have requested business plans that include financials and personnel plans to demonstrate the growth projections and the number of people the venture could potentially employ. This step is necessary as the RFEs for NIW cases have requested such information as well.

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