EB2-NIW Assessment Request

We have tried to simplify this form as much as possible so that we can get the answers we need to give you a reasonable evaluation.  Please answer the questions listed below.  If you cannot provide the answers to these initial questions, it is unlikely that you will be able to obtain an EB2-NIW visa anyway.  We will not provide an assessment without answers to these questions.

There is a Google Translate option in the upper right on this page if you need to use it.  Unfortunately, the only service we can provide is in English.

If you have an advanced degreee, what is the field and what is the level of the degree you have received? If you want to request a waiver on the basis of exceptional ability, what is your ability?
What, specifically, do you plan to do when you come to the United States? For example: If you plan to do research, what type of research, where will it be (what institution or company)? If you plan to start a business, what type of business, why will it be in the national interest?
What documentation do you have to support your claim that you have an advanced degree or exceptional ability?

If You Prefer, Contact Us at swbsconsultants@gmail.com With Answers to All of the Questions Above

 

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Despite constantly evolving adjudication trends, the EB2-NIW visa remains an attractive option for obtaining permanent residence.  This free assessment may give you an idea about whether or not you are eligible.  Current adjudication trends favor endeavors aimed at helping the country--the economy or employees--recover from the impact of the COVID-19 pandemic. This is by no means an all-inclusive list.

Read below to see additional detail about what we need from you in order to do the assessment and what the USCIS wants from you for a successful visa application.

Why Work With Us?

Our work is due diligent and well-accepted by the USCIS.  The most important reason to work with us on EB2 National Interest Waiver applications is that we work with you to create a submission that has the best chance of success.  We will only work with you if we feel that we can validate your credentials and we can present a reasonable case for how you will use them to further the US national interest.  If it turns out that the EB2-NIW may not be the best option for you, we will explore other ones.

What We Can Provide...

When we create your EB2 NIW business plan, we face the same questions about establishing the value of the endeavor as the adjudicators face in evaluating it. Our job is to validate that the endeavor is viable and worthwhile in the context of being in the national interest. This is not always a straightforward analysis.  We may be able to write a beautiful story about your world-renowned talent as a violin-maker.  But, while we can establish that violinists and collectors around the world cherish your work, we may not be able to establish that it will be in the national interest for you to build them in the US.   This is a litmus test that must be met and we take great pains to avoid superficial validations that will not advance your case.

It is not enough that you have excellent credentials.  While they are one of the criteria for the visa, they are not the only one.  Supporting documentation for your credentials is essential--but so is a rock solid case for how you are going to use those credentials once you are in the US.

Our EB2-NIW business plans are highly-detailed and provide enough information to convince an adjudicator of your eligibility.   Neglecting to credibly establish how you are going to contribute to the national interest often leads to an RFE.

We will create your due-diligent business plan with consideration for recent adjudication trends such as these:

  • In January, the Biden Administration unveiled a series of policies aimed at attracting and retaining international talent in STEM (science, technology, engineering, and math) fields.  USCIS is clarifying how the national interest waiver can be used by STEM graduates and entrepreneurs, as well as the significance of letters from governmental and quasi-governmental entities.
  • USCIS Favors Approvals for Professionals Assisting in Alleviating the Consequences of the COVID-19 Crisis
  • New guidance grants certain evidentiary considerations to persons with advanced degrees in STEM fields, especially in focused critical and emerging technologies as determined by the National Science and Technology Council or the National Security Council. Under the new guidance, USCIS also considers an advanced degree in a STEM field tied to a proposed endeavor as an “especially positive factor” to show the individual is well-positioned to advance an endeavor of national importance.
READ MORE ABOUT THE EB2 NIW VISA

What the USCIS Wants...

These are the stated USCIS documentation requirements.  While these are a guide to what is necessary for a successful application, they are only part of the package, as discussed in the adjacent panel.

If the alien holds an advanced degree:

  • An official academic record showing they have a US advanced degree or a foreign equivalent degree, or
  • An official academic record showing they have a US baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing they have at least five years of progressive post-baccalaureate experience in the specialty.

If the alien is seeking to qualify as having an exceptional ability in the sciences, arts, or business:

  • An official academic record showing they have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
  • A letter from a current or former employer showing the alien has at least 10 years of full-time experience in the occupation;
  • A license to practice the profession or certification for a particular profession or occupation;
  • Evidence the alien has commanded a salary or other pay for services that demonstrates exceptional ability;
  • Evidence of membership in professional associations; or
  • Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
  • If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s exceptional ability.

If waiving the job offer/labor certification requirement:
Either Parts J, K, L, and M of ETA Form 9089 or Part B of the Form ETA 750; evidence showing the waiver would be in the national interest, including:

  • How their proposed endeavor has both substantial merit and national importance;
  • How the alien is well-positioned to advance the proposed endeavor; and
  • How it would be beneficial to the United States to waive the job offer, and thus the labor certifications requirements.

Still Have Questions?

Get in touch and let us know how we can help.

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