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EB-2 NIW

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EB-2 Rookie

EB-2   1

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Good day to all!
Help me, please.
I am in California my EB-2 NIW was denied. I want to reapply again. Please let me know if anyone has had the same experience. What is the best to do in my case? Thank you very much.

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randomstairs
randomstairs

Technically you failed to meet the prong 2, but from the look of it, all three are weakly challenged by your attorney.    The NIW is a long shot if your highest degree is below the PhD, MD,

igoyougoduke
igoyougoduke

USCIS thinks you dont qualify EB2-NIW.  so reapplying with the same credentials is throwing your money in vegas. They already denied what makes them approve the next time without any further qualifica

EB-2
EB-2

I am working in photoshop now. I sent my resume to employers, but I'm not getting a job yet. The whole reason is that I came on a B-2 visa and really want to be useful in America by working here.

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JeanneAdil Grand Master

JeanneAdil   6,539

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Filed: Citizen (apr) Country: Morocco
 Timeline
Posted

what criteria was missing?

 Factors USCIS Considers for National Interest Waiver

  • The proposed endeavor has both substantial merit and national importance.
  • You are well positioned to advance the proposed endeavor.
  • On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
Boiler Grand Master

Boiler   45,657

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Filed: K-1 Visa Country: Wales
 Timeline
Posted

I would start with having a long chat with the lawyer who filed.

 

What is your current status?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted
1 hour ago, EB-2 said:

Good day to all!
Help me, please.
I am in California my EB-2 NIW was denied. I want to reapply again. Please let me know if anyone has had the same experience. What is the best to do in my case? Thank you very much.

You need to be more specific if you want a useful advice. Were you denied based on all three prongs? Did you apply with a lawyer or by yourself? What are your qualifications? I had had an RFE on my NIW but got approved when I responded.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

EB-2 Rookie

EB-2   1

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Timeline
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Posted

Thanks to all who responded. My I-140 was denied, but my I-485 is still pending. I am an architect. I have six years of Bachelor's education. Yes, I have a lawyer. He answered the RFE, and then the refusal decision came. Here's why:

- "The evidence submitted is insufficient evidence showing you are well positioned to advance your endeavor."

- "Although your resume shows your work history, the expert opinion letter attests to your exceptional ability, substantial merit, and national importance of your proposed endeavor, and that you are well-positioned to advance your proposed endeavor, the submission of solicited letters and resumes supporting a petition is not presumptive evidence of eligibility.

- "The two letters from your previous employers show that you were employed as an engineer, but they do not demonstrate that you are currently employed in your proposed endeavor, or that you have had a leading, critical, or indispensable role in the endeavor."

- "The document titled, "EB-2 Personal Plan" does not satisfy the requirement for presumptive evidence of your notable successes either, and only outlines your work history, education history, and how you plan to advance your proposed endeavor."

- "You have not shown that your work has served as an impetus for progress in the field or that it has generated substantial positive discourse in the broader legal community. As the record is insufficient to demonstrate that you are well-positioned to advance your proposed endeavor, you have not established that you satisfy the second prong of the Dhanasar framework. Therefore, you have not established that you are well-positioned to advance the proposed endeavor."

I'd like to reapply by myself and I do not know which requirements to update and fix. I will be very grateful if someone can help me.

Maxim.png

appleblossom Experienced

appleblossom   2,681

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted

I really wouldn’t apply by yourself. I don’t think an EB2 NIW is a DIY application personally, and certainly not if you’ve already had a refusal. But it doesn’t sound like your lawyer put forward a compelling case either. How much experience doing EB2 NIW’s do they have?

 

Happy to share the name of our (excellent) lawyers if it helps - I’m EB1 but I know they do EB2 as well. Just message me if you want their details. 

randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted

Technically you failed to meet the prong 2, but from the look of it, all three are weakly challenged by your attorney. 

 

The NIW is a long shot if your highest degree is below the PhD, MD, or similar level. You don't even seem to have a masters degree, so that's that.

 

You need to demonstrate that your work has been used to advance your field. Just being good at what you do won't cut it.

 

Your current area of concentration doesn't seem to be consistent with your experience, which is a big issue with the NIW applications.

 

The best lawyer in town is Victoria Chen. She won't take your case though, but do try!

 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

EB-2 Rookie

EB-2   1

Posted
Timeline
  • Author
Posted (edited)

I spend a lot of money for this case. I do not know…. 

1. How many times i can apply for EB-2 NIW?

 

2. What if I go to study for a Master's degree. I found a university in my specialty where I can apply. Will this help me that I am studing there?

 

3. How can I argue in order to fulfill all their requirements?

Edited by EB-2
igoyougoduke Experienced

igoyougoduke   1,660

Posted
Filed: Lift. Cond. (apr) Timeline
Posted (edited)

USCIS thinks you dont qualify EB2-NIW.  so reapplying with the same credentials is throwing your money in vegas. They already denied what makes them approve the next time without any further qualification. clearly an Architect with Bachelors degree does not qualify for NIW.  To be honest your qualifications are not what NIW gets approved .

 

Most folks who apply for NIW either have PHD and publications in hand at research level or have accolades at national/international level. 

 

You can try but the odds are minute . get a job and ask your employer to file in Eb-2 regular or Eb-3 

Edited by igoyougoduke

duh

randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted
17 minutes ago, EB-2 said:

I spend a lot of money for this case. I do not know…. 

1. How many times i can apply for EB-2 NIW?

 

2. What if I go to study for a Master's degree. I found a university in my specialty where I can apply. Will this help me that I am studing there?

 

3. How can I argue in order to fulfill all their requirements?

1. That's why a good lawyer wouldn't take your case. They wouldn't take your money either.

2. Yes, having a masters would help, but it's the absolute minimum. A PhD would put you at a starting line.

3. You can't if facts on the ground don't support your case. Study more, accomplish more, become a name in your field, and try again.

 

No limit to the number of times you can apply, other than your bank account.

 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

EB-2 Rookie

EB-2   1

Posted
Timeline
  • Author
Posted

I am working in photoshop now. I sent my resume to employers, but I'm not getting a job yet.
The whole reason is that I came on a B-2 visa and really want to be useful in America by working here.
I don't want to overstay my legal status.
How not to expire your legal status? I understand that if you find a special job, you can apply for EB2 and EB3, but it's difficult. Thank you.
Any suggestions, please?

Boiler Grand Master

Boiler   45,657

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
5 minutes ago, EB-2 said:

I am working in photoshop now. I sent my resume to employers, but I'm not getting a job yet.
The whole reason is that I came on a B-2 visa and really want to be useful in America by working here.
I don't want to overstay my legal status.
How not to expire your legal status? I understand that if you find a special job, you can apply for EB2 and EB3, but it's difficult. Thank you.
Any suggestions, please?

What do you mean by working in Photoshop?

 

Are you still here on a B2, B2 is for visiting.

 

When did you enter the US.

 

If you can find an Employer to sponsor you then yes they can file for an EB2 or 3, normally they would want to employ you on OPT or H1b forst.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,657

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Ohh it is normal for Lawyers who handle EB2 NIW to offer a money back guarantee, did yours?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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