Hiring an EB2 NIW Lawyer to assist with your NIW visa petition can save you time, money and stress. Your attorney will evaluate your credentials, achievements and contributions, and ensure that all documents are presented in the most compelling way possible to maximize your chances of success with USCIS.
To choose the right attorney, consider their experience, reputation and client testimonials. Also, discuss their fee structure to make sure it aligns with your budget.
Assessing Your Case
A foreign national with an advanced degree or exceptional ability can pursue a green card in the United States through the EB-2 NIW category. This visa option differs from other employment-based categories in that it does not require a sponsoring employer or labor certification.
Nevertheless, this immigration process is complex and requires substantial support documentation. A seasoned EB2 NIW lawyer can help you meet the visa requirements and avoid denial.
A strong NIW case requires recommendation letters, publications, evidence of impact, and other documentation that demonstrates your exceptional qualifications and how they benefit the U.S. Our attorneys can help you network with colleagues in your field to obtain these letters from experts who can vouch for your work and expertise. These letters are critical to demonstrate that USCIS should waive the requirement for a job offer and labor certification.
The EB2 NIW visa category allows advanced degree workers with exceptional ability and national interest to bypass the usual job offer requirement, allowing them to self-petition for their green cards without a sponsoring employer in the United States. However, a successful NIW petition must satisfy a three-pronged test for national interest.
This includes proving that the proposed endeavor will be of significant benefit to the U.S. based on the foreign national’s skills, education, and past achievements in his or her field of expertise. It also requires showing that the endeavor will be well-positioned to advance the United States’ economic, cultural, and educational interests.
Providing documentation that supports these claims is essential, and a mistake in this area can result in months of delay or even outright denial of the application. Working with a qualified attorney can help minimize the risk of errors.
Filing Your Petition
The application process is lengthy and involves complex documentation. An experienced EB2 NIW attorney can help you avoid errors that could lead to delays or denials of your petition.
Unlike the employment-based second preference category that requires a sponsoring employer and the labor certification process, EB-2 NIW visas waive these requirements and allow the foreign national to self-petition for the green card. Your attorney can review your credentials and the nature of your proposed endeavor to determine whether you qualify for a national interest waiver.
A strong NIW case often depends on recommendation letters from your colleagues, employers, professors who are familiar with your work and expertise, or other experts in your field. Our attorney can help you identify potential letters of support and work closely with you to secure them.
Responding to USCIS Requests for Evidence
EB2 NIW Lawyers work to gather all necessary documentation for the petitioner’s case. They may also assist with preparing for USCIS interviews and submitting responses to requests for evidence (RFEs).
A RFE is a request from the Department of Homeland Security that asks for additional information or evidence to be submitted in a specific time frame. Typically, the petitioner only has one opportunity to submit their response by the deadline. Failure to do so will almost certainly result in a denial of the petition.
EB2 NIW petitioners must be able to demonstrate that their exceptional ability is beneficial to the national interest. This is a high bar and can be difficult to prove. A Murthy Law Firm NIW immigration attorney can assess the merits of your case and provide assistance in presenting it to USCIS.
Filing an Appeal
EB2 NIW Lawyers can help you navigate the complexities of this visa category and increase your chances of approval. In a nutshell, the NIW category allows foreign nationals to bypass the job offer and PERM labor certification requirement by proving that their work is of “national interest.”
This can be done through letters of recommendation from experts in your field, publications, patents, media coverage, etc. Your EB2 NIW Lawyer will review all of this evidence and make a strong case that your underlying research, innovation, or achievements are of such substantial merit and national interest that they warrant waiving the standard job offer requirement.
This is one of the more difficult employment-based categories to qualify for, so a qualified NIW immigration attorney is a necessity. We provide thorough immigration counsel and can assist you in preparing the necessary documents, responding to requests for evidence, and filing an appeal in the event of a denial.