On the third prong of the EB-2 NIW Dhanasar framework

Here’s a post by immigration lawyer Amber Davis on the third prong of the EB-2 NIW Dhanasar framework:

Sometimes, I work with clients who previously applied for EB-2 NIW, presented a strong profile, but still received a denial.

When I review some of their petitions, sometimes it’s clear that the reason for denial was because the petitioner simply stated a laundry list of activities and that their proposed endeavor is to continue to work at their company.

On final merits, this kind of argument tends not to work as a reason for why the applicant should be allowed to bypass the labor certification process, since it’s not clear they intend to benefit the U.S. and contribute to a specific area of national interest (it’s why if possible, you should try to present a proposed endeavor that focuses what you intend to do to contribute to your field as a whole and not on what you’ve already done). If your endeavor is just to work at a specific company, USCIS is likely to determine that the company should go through PERM. Emphasize your individual contributions to help USCIS determine that you should bypass that process.

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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.