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[Green Card] EB-2 NIW National Interest Waiver Application (2) Read the Petition Rule-1

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Disclaimer.

The content provided in this article is based on personal experience and is for public information purposes only, and it does not constitute legal advice. The information presented herein should not be considered a substitute for professional legal guidance. Immigration laws and regulations are subject to change and vary depending on individual circumstances. For comprehensive and up-to-date legal assistance, it is recommended that you consult a qualified immigration lawyer. The author of this article assumes no responsibility for any action taken or not taken based on the information provided herein.

[Applying for a Green Card] EB-2 NIW Petition Success Record (1) I found a partner law firm and mentioned that I failed to win the H-1B lottery three times, and I also failed to win the lottery two lotto green card draws. The article also discusses how I found a law firm to work with, and whether you need to find a lawyer. In today's new article, we will discuss the requirements for applying for Nike on the official website of the United States Citizenship and Immigration Services (USCIS).

(1) What is Form I-140?

Form I-140 is Immigrant Petition for Alien Workers, which I translate as "Immigrant Petition Form for Alien Workers." At I-140, Immigrant Petition for Alien Workers you can find the latest forms and instructions for filling them out.

（二）Employment-Based Immigration: Second Preference EB-2

Visit this website for Employment-Based Immigration: Second Preference EB-2 You can see if you are eligible to apply for EB-2. The first is Advanced Degree Professionals. You can also use this category if you have a master's or doctoral degree, or if you have a bachelor's degree plus five years of work experience. However, it should be noted that when applying, your current job or the job you will do in the future requires you to have this Advanced Degree, and the degree cannot be unrelated to the job.

The other is Exceptional Ability. In this category, you have to show that you have exceptional abilities in any of the three fields of Science, Art, and Business. Since my application is not in this category, if you are interested, you can go to the official website of USCIS to find out.

（三）Policy Manual > Volume 6 > Part F > Chapter 5

In the USCIS Decree Handbook, Chapter 5 - Advanced Degree or Exceptional Ability for the above two NIW application conditions are listed separately in Subsection A and subsection B have a more detailed description, and readers are encouraged to read them carefully to better understand the latest USCIS regulations.

Subsection C is independent of professional athletes, and we skip this part without looking at it.

The following requirements are at the beginning of subsection D. So you'll need an ETA-750 or ETA-9089 form. I paid an ETA-750. Even if there is no company to sponsor you to apply for NIW, there will be no process with the Department of Labor PERM, so please follow the rules.

In support of the petition, however, the petitioner must submit the employee-specific portions of a permanent labor certification (without DOL approval). [39] The petitioner may submit either the Form ETA 750B or Form ETA 9089.

Let's take a look at the three considerations during the trial ( Under 1. Overview of the Three Prongs on Chapter 5 - Advanced Degree or Exceptional Ability)。  

    第一項要點 First Prong: The Proposed Endeavor has both Substantial Merit and National Importance  

The following are excerpts from the original text.

The term “endeavor” is more specific than the general occupation; a petitioner should offer details not only as to what the occupation normally involves, but what types of work the person proposes to undertake specifically within that occupation. [46] For example, while engineering is an occupation, the explanation of the proposed endeavor should describe the specific projects and goals, or the areas of engineering in which the person will work, rather than simply listing the duties and responsibilities of an engineer.
There are two things to note here! The first point is that you can't just talk about the type of work you do. For example, if the author is a control engineer, such a statement is not qualified; The cover of the film in the picture below is also an unqualified statement. The second point is not to ask what you have done in the past or have been doing, but to propose what you will do in the future. Then, in the second section below, you will be judged on whether you are capable of accomplishing your goals based on your past and present contributions.

Let's look at another paragraph.

In determining national importance, the officer’s analysis should focus on what the beneficiary will be doing rather than the specific occupational classification. Endeavors such as classroom teaching, for example, without broader implications for a field or region, generally do not rise to the level of having national importance for the purpose of establishing eligibility for a national interest waiver.

Another thing to note is the ability of the individual to tell a story. As mentioned earlier, you will propose a future career plan, and then you will explain what kind of benefits your proposed plan has for the entire United States and its importance at the national level. In my personal experience, it took a lot of time to conceive and write this section.

    第二項要點 Second Prong: The Person is Well Positioned to Advance the Proposed Endeavor

The following are excerpts from the original text.

In evaluating whether the person is well positioned to advance the endeavor, USCIS considers factors [51] 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; and
  • The interest or support garnered by the person from potential customers, users, investors, or other relevant entities or persons.
The petitioner should submit evidence to document the person’s past achievements and corroborate projections related to the proposed endeavor to show that the person is well-positioned to advance the endeavor. A person may be well-positioned to advance an endeavor even if the person cannot demonstrate that the proposed endeavor is more likely than not to ultimately succeed. [52] However, unsubstantiated or implausible claims would not meet the petitioner’s burden of proof.

The second point to consider is to measure whether you are capable of accomplishing the goals you have set out in terms of your past and present contributions. The last sentence of the previous paragraph is a bit difficult to understand, so I will explain it in particular. Even if the applicant is unable to demonstrate that the proposed goal is achievable, the applicant may have sufficient resources and capabilities to facilitate the development of the goal.

The original webpage provides a non-exhaustive list of supporting materials for the reference of all applicants. The author marks the supporting items I have selected in fluorescent green below, and readers can flexibly adjust them according to their own situation.

Evidence that may demonstrate that the person is well-positioned to advance a proposed endeavor includes, but is not limited to:
  • Degrees, certificates, or licenses in the field;
  • Patents, trademarks, or copyrights developed by the person;
  • Letters from experts in the person’s field, describing the person’s past achievements and providing specific examples of how the person is well positioned to advance the person’s endeavor;
  • Published articles or media reports about the person’s achievements or current work;
  • Documentation demonstrating a strong citation history of the person’s work or excerpts of published articles showing positive discourse around, or adoption of, the person’s work;

This red-letter item illustrates why people often think that it takes a paper publication and a large number of citations to apply for a successful application, and I think it is also the main reason why most law firms in the previous article [Applying for a Green Card] EB-2 NIW Application Success Record (1) Finding a Law Firm to Work With Most Law Firms Are Reluctant to Take My Case. We'll discuss this further below.

  • Evidence that the person’s work has influenced the field of endeavor;
  • A plan describing how the person intends to continue the proposed work in the United States; [53]

These two points can be written in your cover letter, and I have written two articles dedicated to how to write a cover letter.

[Apply for a Green Card] EB-2 NIW Petition Success Record (3) Writing a Cover Letter—1
[Apply for a Green Card] EB-2 NIW Petition Success Record (3) Writing a Cover Letter—2 
  • A detailed business plan or other description, along with any relevant supporting evidence, when appropriate;
  • Correspondence from prospective or potential employers, clients, or customers;

As for the part in red, if you have work now, ask the supervisor to refer to your draft, and after revising and signing, you can complete it. Unless your company has the same restrictions as the author's former company, so you don't want to issue a letter with company letterhead, then there is no way.

  • Documentation reflecting feasible plans for financial support (see below for a more detailed discussion of evidence related to financing for entrepreneurs); [54]
  • Evidence that the person has received investment from U.S. investors, such as venture capital firms, angel investors, or start-up accelerators, and that the amounts are appropriate to the relevant endeavor;
  • Copies of contracts, agreements, or licenses showing the potential impact of the proposed endeavor;
  • Letters from government agencies or quasi-governmental entities in the United States demonstrating that the person is well positioned to advance the proposed endeavor (see below for a more detailed discussion of supporting evidence from interested government agencies and quasi-governmental entities); [55]
  • Evidence that the person has received awards or grants or other indications of relevant non-monetary support (for example, using facilities free of charge) from federal, state, or local government entities with expertise in economic development, research and development, or job creation; and
  • Evidence demonstrating how the person’s work is being used by others, such as, but not limited to:
    • Contracts with companies using products that the person developed or assisted in developing;
    • Documents showing technology that the person invented, or contributed to inventing, and how others use that technology; and
    • Patents or licenses for innovations the person developed with documentation showing why the patent or license is significant to the field.

So far, we've looked at the first two points. Third Prong: On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements The author will leave it for the next article to take readers to read carefully.

The author also has the following articles, please advise.

Cited Data :

  1. Matter of DHANASAR, Petitioner
    Thanks to Dr. Dhanasar's struggle, Nike's audit horizons have been broadened. So if you study NIW, you've probably seen the name Dhanasar.
  2. EB2 NIW application mistakes to avoid
  3. 8 misconceptions about EB-2 NIW green card process
  4. Publications and citations for NIW green card
  5. New version of ETA-9089 form
  6. How to qualify for National Interest Waiver
    This article mentions how to find government information to support your application.
  7. How to assemble the I-140 petition for EB2 NIW
  8. EB-2 NIW processing time
  9. EB2 NIW cover letter : what it is and how to prepare one
  10. Personal Statement for EB2 NIW
  11. A guide to EB2 NIW Recommendation Letters
  12. The Adjustment of Status for EB2 NIW
  13. Concurrent or separate EB2 NIW application?
  14. Understanding Retrogression: What It Means, Why It Happens, and How to Manage It
  15. Traveling during green card process
  16. Guide to Consular Processing for EB2 NIW green card

Image by OpenClipart-Vectors from Pixabay
 

If this article is helpful to you, you don't need to invite me to coffee, but you are welcome to invite me to eat tofu and reduce carbon emissions together. Organic tofu is $3.49, regular tofu is $2.99. If you also like to add green onions, a handful is $1.99. Thank you!

  • If you want to purchase a Cover Letter and Recommendation Letters package, you can scan the QR code below to pay $19.99 and leave an email address to get the package. I will send it to your email inbox.
  • If you want to know the law firm that is taking on the case, you can scan the QR code below to pay $29.99 and leave an email address to get the relevant information.
  • If you want to know the email address of the lawyer team, you can scan the QR code below to pay $39.99 and leave the mailbox to get the relevant information.

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