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Unlock Your American Dream: Meet Your NIW and EB-1 Lawyers.

Welcome to NIWandEB-1.com. We’re a group of of friendly NIW and EB-1 Lawyers who are all about making the complex world of immigration as simple as chatting over a cup of coffee. Whether you’re dreaming of a new start in the U.S. or you’ve got big career goals that cross borders, we’re here to guide you every step of the way. No confusing legal talk, just straight-up, easy-to-understand advice.

Brief Explanation of Cases By NIW & EB-1 Lawyers

NIW Eligibility Requirements

First of all, the national interest waiver, or NIW category, requires that the applicant have an advanced degree or exceptional ability.

The Advanced Degree requirement includes a master’s degree, a Ph.D. or other post-baccalaureate degree (or a Bachelor’s degree and five years of experience)

The Exceptional Ability requirement can be demonstrated by extensive documentation showing that the applicant satisfies at least three of the following:

An official academic record showing that the applicant has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability.

Letters documenting at least ten years of full-time experience in the applicant’s occupation.

A license to practice the profession or certification for the applicant’s profession or occupation.

Evidence that the applicant has commanded a salary or other remuneration for services that demonstrates exceptional ability.

Membership in one or more professional associations, which requires achievement in order to be a member.

Recognition for achievements and significant contributions to industry or field by peers, government entities, or professional or business organizations.

Once this primary requirement is met through one of the two methods mentioned above, the applicant then needs to satisfy every part of a three-prong test established in a case called Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). The requires the applicant to show:

The proposed work has both substantial merit and national importance.

The applicant is “well positioned” to advance this proposed work, and

On balance, it would be in the national interest to grant a waiver of the usual employment and labor certification requirements.

Note: In a January 2022 USCIS update to its Policy Manual, the Service placed particular emphasis on STEM graduates and entrepreneurs seeking national interest waivers. 

EB-1A Eligibility & Requirements

The Aliens of Extraordinary Ability category or EB-1A has specific criteria. There are ten criteria that individuals can use to demonstrate their eligibility for an EB-1A visa. These criteria are:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

USCIS’s analysis does not end with the above. Even after showing eligibility based on the above, the EB-1 applicant must show that he is an alien of extraordinary ability through what is known as the Final Merits Determination, which includes a review of sustained national or international acclaim and a high level of expertise. 

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