On EB-2 NIW for nurses

Here’s a post by immigration lawyer Amber Davis on EB-2 NIW for nurses:

NIW can be difficult for nurses.

This is what I told my client, a nurse from Brazil.

It’s true - USCIS does not tend to approve NIWs for nurses, because the agency defaults to thinking of them as being eligible for Schedule A cases instead, so we had to think about what we could do to strengthen my client’s case.

I was actually her second lawyer - another firm had initially handled her case. They didn’t do anything bad, but once my client received an RFE, she no longer felt like the firm believed in her case.

To her, they had given up, so she took her immigration future into her own hands and started looking for second opinions (which is how we met).

In response to her RFE, we focused on my client’s national impact in Brazil as a nurse over the past decade and on how she could help with the nurse shortage problem that the U.S. was dealing with at the time during the pandemic.

Concurrently, my client also received an RFE in regards to her green card application. In response to that RFE, we showed that my client had certifications that were the equivalent to those of a U.S. trained nurse, even without an official third-party certification.

Her NIW was granted and my client now works in the U.S. as a nurse.

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Interested in EB-1A, EB-2 NIW or O-1? Feel free to reach out to Amber at amber.davis@waypointimmigration.org or via LinkedIn messages.

Interested in profile-building for EB-2 NIW and maximizing your chances of approval? Check out Amber’s course, NIW Ready, which helps those of you who want to build a strong NIW profile in 2-3 months. You’ll also be considered for Amber’s refundable case package, which guarantees a refund of only attorney fees if your case does not get approved. At the end of the course, assuming you do the work, you’ll be ready to file.