pen1

I am interested to hear anyones stories about applying under the National Interest Waiver program. We a British family and are currently on E2 visas here in the US but due to the nature of my husbands work our attorney is putting together a case for a National Interest Waiver (direct to greencard). If you have anything you would like to share about the process do's dont's etc, thank you.

pen1

It seems I am unable to reply on here until I become more active..... feel free to private email me in the meantime ..

Noorah101

That's not true, you can reply on BE with only 1 post, as you have just done here. Now you have 2 posts. You can reply again as much as you want.

Private Email and Private Messaging regarding immigration issues is discouraged on here, because if someone gives you erroneous information privately, no one can see it to come along and correct it.

Rene
Moderator

pen1

Thanks Rene, I pressed reply but its made a separate post ? getting confused here

sherbert

We've just started the NIW > GC process - I have no info to share yet as we just formally engaged a lawyer but let's definitely keep in touch.

Pulaski

"Reply" on the left, creates a new post to the thread, "Quote" on the right, creates a reply to a specific post that you want to respond to.

Michael

"New Reply" just replies to a thread. Sending a "Private Message" is disabled until 3 posts are made. Not sure what you want to do.

I don't think many people on BE have done a NIW so there probably isn't many that can give you information and therefore few replies to your thread.

pen1

Most Def we have our attorney working on our case now, should be ready in a few weeks to submit .

pen1

Thank you! Ill try harder .....

S Folinsky

NIW cases are quite fact specific. The "mother" precedent case is Matter of New York State Department of Transportation aka "NYSDOT."

NIW is favored by non-citizen applicants because it avoids the labor certification requirement. However, the minions of the Dark Forces perceive the labor certification requirement as a protection of U.S. workers. Accordingly, there is an inherent contradiction in the application.

When I was in practice, I had a case which I felt was a strong NIW case under EB-2. I felt also that there was a marginal and hardly viable EB-1 extraordinary ability case so we filed TWO concurrent I-140's. Well the EB-1 was approved post haste and the EB-2 NIW generated an RFE from Hell under NYSDOT.

[As an aside, we filed the two I-140's concurrently with the I-485. Having received an I-140 EB-1 approval, I ignored the RFE on the EB-2 as meaningless -- a green card by any other name is just as sweet. In hindsight, a big procedural mistake on my part -- the EB-2 denial resulted in a denial of the adjustment and it took a Motion To Reconsider to correct it. Received the approval the same day I received a substitution of attorney with a nasty request for refund. I forwarded the file, stated that I would honor the instruction not to contact client and could new lawyer please pass on my congratulations. Although I refused to refund any money I waived the client's contractual obligation to reimburse me for the MTR filing fee.].

OP's question is way too general to make specific comments.

AdobePinon

No direct experience, but the key seems to be to gather sufficient evidence, even if that process takes a while. Spending several months preparing seems to be the norm - and can lead to an extremely fast approval once submitted. A slightly inadequate submission can end up being bounced back and forth forever with USCIS, with mixed results. Hopefully your attorney has a realistic view of your chances, and is very meticulous. Good luck!

pen1

Thank you for your reply and yes it needs meticulous gathering of evidence and a skilled attorney at putting together the case. Its all about explaining what you do and why it is of National Interest. Doubly difficult when you are flat out actually working too.