EB-2 National Interest Waiver (NIW) Lawyer in Lehi

What is Considered Exceptional Ability?

The term exceptional ability is defined as a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. The initial evidence must include at least three of the following six types of evidence listed in the regulations:

• An official academic record showing that the beneficiary has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
• Evidence in the form of letter(s) from current or former employer(s) showing that the beneficiary has at least 10 years of full-time experience in the occupation in which he or she is being sought;
• A license to practice the profession or certification for a particular profession or occupation;
• Evidence that the beneficiary has commanded a salary or other remuneration for services that demonstrates exceptional ability. (To satisfy this criterion, the evidence must show that the beneficiary has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field);
• Evidence of membership in professional associations; and
• Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

Source: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

Given the additional requirements for exceptional ability, aspiring applicants should target qualifying for an NIW through the advanced degree provision, if possible. Our team offers guidance to best align your credentials with the regulations to strengthen your application.

Prong #1 – Substantial Merit & National Importance

The first prong, substantial merit and national importance, focuses on the specific proposed endeavor that the foreign national proposes to undertake. Matter of Dhanasar, 26 I&N Dec. 884, 889 (AAO 2016).

Let’s talk about what a proposed endeavor is. In layman’s terms, a proposed endeavor is a specific work (i.e, business, research, project, etc.) that you intend to engage in. The ideal scenario for you is to come up with a proposed endeavor that is sufficiently related to both your work experience AND your education.

Substantial merit and national importance both have very specific meanings as well. To keep it simple, substantial merit refers to whether there is inherent value in your endeavor. Substantial merit is fairly easy to prove – it can be shown in a wide range of areas, including business, entrepreneurship, science, technology, culture, health, or education, among others. National importance is more difficult to show – this generally refers to the potential of your specific project to impact the industry as a whole or otherwise benefit the U.S. at large.

Prong #2 – “Well Positioned” to Advance the Proposed Endeavor

The second prong shifts the focus from the proposed endeavor to the foreign national. Matter of Dhanasar, 26 I&N Dec. 884, 890 (AAO 2016).

In evaluating whether the person is well-positioned to advance the endeavor, USCIS considers factors including, but not limited to:

• The person’s education, skills, knowledge, and record of success in related or similar efforts;
• A model or plan that the person developed, or played a significant role in developing, for future activities related to the proposed endeavor;
• Any progress towards achieving the proposed endeavor;
• The interest or support garnered by the person from potential customers, users, investors, or other relevant entities or persons, and;
• Evidence of the person’s past achievements and corroborate projections related to the proposed endeavor.

Our goal is to ensure that you prepare as much evidence as possible to show USCIS that you are qualified to carry out your endeavor.

Prong #3 – On Balance Discretionary Evidence

The third and final prong requires the petitioner to demonstrate that the factors in favor of granting the waiver outweigh those that support the requirement of a job offer and thus a labor certification, which is intended to ensure that the admission of foreign workers will not adversely affect the job opportunities, wages, and working conditions of U.S. workers. Matter of Dhanasar, 26 I&N Dec. 884, 890 (AAO 2016).

In simple terms, we have to craft a strong argument for why you should be exempt from the usual job offer and labor certification processes. Here are some acceptable reasons:

• Urgency Matters: Is there an immediate need related to public health or safety that would make it crucial for you to bypass the usual process?
• Unique Skills: Are you bringing a skill or knowledge that’s beyond the basic requirements for your job? And is this uniqueness something that the regular process might overlook?
• Economic Benefits: Can your work lead to significant economic growth, like boosting the economy in a particular area?
• Job Creation: Will your efforts potentially create new jobs?

By focusing on these arguments, we can present a compelling case for your EB-2 NIW application. We’re here to help guide you through the process.

Connect with an experienced EB-2 visa attorney in Lehi at ImmiVisa Law Group without delay. Dial (385) 644-1859 or submit an online form to get started.

Application Process

The EB-2 Visa process follows this process:

1. Eligibility Assessment: Determine eligibility based on exceptional ability or advanced degree, assessing the potential to meet the criteria for a National Interest Waiver. Our team in Lehi provides a detailed pre-assessment to identify the most advantageous path for your application early on.
2. Document Preparation: Compile a strong portfolio of evidence showcasing exceptional ability, contributions to the field, and the national interest value of your work. We assist in ensuring that your documentation effectively supports your case to USCIS standards.
3. Form I-140 Petition: Submit Form I-140, Immigrant Petition for Alien Worker, providing supporting documentation and a well-crafted petition letter outlining your case for a National Interest Waiver.
4. Adjudication & Decision: USCIS reviews the petition and supporting documents to determine eligibility for the National Interest Waiver. Upon approval, applicants can progress towards permanent residency.

Showcasing Extraordinary Ability for the EB-2 Visa

Demonstrating extraordinary ability is a crucial aspect of obtaining an EB-2 Visa. Here’s a detailed description of how one can showcase their extraordinary ability for the EB-2 Visa application:

Exceptional Academic Background

Highlight an impressive academic background, such as degrees from renowned institutions, academic awards, scholarships, or honors, to demonstrate exceptional ability and expertise in the chosen field. Prospective applicants should consider how their advanced education aligns with their professional achievements to strengthen their EB-2 application.

Professional Achievements

Showcase a robust professional record with accomplishments, patents, publications, and projects that significantly contribute to the field and demonstrate extraordinary skills and expertise. Applicants should provide specific examples of how their contributions have led to advancements or innovations in their industry.

Evidence of Scholarly Contributions

Present a portfolio of publications, articles, research papers, or book chapters authored or co-authored by the applicant, emphasizing the impact and importance of their contributions to the field. Include any recognition from peers or awards received for these works to substantiate claims of significant influence.

Leadership & Critical Roles

Provide evidence of holding leadership positions, critical roles in projects, or being a key member of a team, illustrating the applicant’s significant influence and contribution within their professional setting. Highlight specific initiatives and their outcomes as a direct result of the applicant’s involvement.

Engaging in community or industry-specific leadership roles, especially in Lehi, UT, can provide applicants with a local edge, enhancing their application.

Recognition & Awards

Showcase recognition through awards, honors, prizes, or grants received from reputable organizations or institutions, indicating the high regard for the applicant’s expertise and contributions. Consider including details about the criteria for these awards or recognition to further highlight their significance.

Testimonials & Letters of Recommendation

Include strong letters of recommendation from experts, peers, or renowned professionals in the field, attesting to the applicant’s extraordinary abilities, contributions, and potential to further the national interest. Highlight any specific endorsements that underline the applicant’s importance to ongoing and future projects.

Conference Participation & Presentations

Provide evidence of participation as a speaker, panelist, or presenter at conferences, symposia, or seminars, showcasing the applicant’s authority and influence in the field. Successful participations often demonstrate not only knowledge but also the ability to lead discussions or panels.

Innovations & Patents

Demonstrate innovative work through patents, inventions, or intellectual property, highlighting the significance and impact of the applicant’s contributions on the field and society at large. This is particularly relevant for applicants looking to leverage their technical acumen in rapidly evolving fields.

Collaborations & Partnerships

Showcase collaborations with esteemed institutions, organizations, or experts, indicating that the applicant’s work is valued and recognized at a broader level, further emphasizing their extraordinary ability. Include specific examples of joint projects that have received notable attention or funding.

Contribution to National Interest

Clearly articulate and demonstrate how the applicant’s expertise and work align with the national interest of the United States, emphasizing the benefits and positive impact on the nation. Discuss how their contributions fulfill a critical need within key sectors like technology, healthcare, or environmental initiatives in Utah.

Membership in Professional Associations

Display active membership or association with prestigious professional organizations or societies within the field, reinforcing the applicant’s dedication and recognition in the professional community. Active participation in local Utah chapters or groups can strengthen an applicant’s local relevance and authority.

Media Coverage & Publicity

Include evidence of media coverage, interviews, or features about the applicant’s work, validating the recognition and widespread acknowledgment of their extraordinary ability. Highlight any Utah-based publications or media outlets that have featured the applicant, reinforcing their regional impact.

AFTER NIW (I-140) Approval – Consular Processing

If you are abroad (Outside of the USA): CONSULAR PROCESS:

Consular Processing is a process used by the U.S. Department of State in which foreign nationals can apply for U.S. permanent residency (green card). This is usually done through a U.S. embassy or consulate abroad. During the process, an applicant must submit supporting documents to prove they are admissible to the United States (i.e., security checks), then attend an in-person interview. Once approved, the applicant will be able to travel to and enter the United States with the issued visa.

AFTER NIW (I-140) Approval – Adjustment of Status

If you are within the United States (Physically Present): ADJUSTMENT OF STATUS.

Description: Adjustment of status is a process by which an individual in the United States can apply for lawful permanent resident status without having to return to their home country. If approved, the individual will become a permanent resident and receive a green card that gives them permission to live and work in the US indefinitely. It is VERY unlikely for you to have an interview with USCIS if you apply for adjustment of status.

Work with an experienced EB-2 visa lawyer to secure your employment-based green card. Call (385) 644-1859 or contact us online to start your application.

Frequently Asked Questions

What are the typical processing times for an EB-2 NIW Visa?

The processing times for an EB-2 National Interest Waiver (NIW) Visa can vary depending on several factors, including the applicant's specific circumstances and the processing center handling the application. Generally, applicants can expect the process to take several months. It typically involves the submission of Form I-140 and subsequent waiting for approval. After approval, depending on the applicant's location, they may either proceed with consular processing if they are abroad or adjust their status if they are within the United States. Understanding these processing steps is crucial, and working with ImmiVisa Law Group ensures that you are consistently informed about any changes or updates to your case.

How does the EB-2 NIW differ from other employment visas?

The EB-2 NIW Visa offers unique benefits that distinguish it from other employment-based visas. Primarily, it allows qualified individuals to self-petition without requiring an employer's sponsorship. This autonomy makes it particularly appealing for professionals who wish to control their immigration journey without being tied to a particular job or employer. Furthermore, the NIW component eliminates the need for Labor Certification, a standard part of many employment visa types, thus simplifying the process. For applicants in Lehi seeking flexibility and direct control over their visa applications, the EB-2 NIW is an advantageous option.

Can I apply for an EB-2 NIW if I am already in the U.S.?

Yes, individuals already in the United States can apply for an EB-2 NIW Visa. If you are within the U.S. on a different visa, you will need to adjust your status once your I-140 petition is approved, allowing you to transition to permanent residency. This process allows occupants to remain in the U.S. while the application is processed, providing a smoother transition. Partnering with ImmiVisa Law Group ensures that your application is managed efficiently, maximizing your chances while you continue your professional pursuits in Lehi or other parts of the country.

For trusted legal guidance, reach out to a knowledgeable EB-2 visa attorney. Call (385) 644-1859 or contact us immediately to schedule your consultation.