The EB2 NIW endeavor USCIS dislikes

Summary

In this video, Oscar, a scientist, discusses the EB2 AW Green Card category, focusing on why applicants should avoid emphasizing 'teaching' in their petitions. He explains that USCIS often views classroom teaching as lacking national importance, citing the Matter of Dina case. Oscar analyzes failed cases, highlighting common mistakes like not detailing the broader impact of one's work. He advises against pure teaching endeavors for EB2 AW and suggests focusing on research or other activities that demonstrate national significance. The video also mentions resources for DIY petitioners and the importance of proving a broader impact beyond the classroom.

Takeaways

• 📚 The video discusses the EB2 AW (National Interest Waiver) Green Card category, focusing on endeavors related to teaching and why they are problematic.
• 🚫 Oscar, the speaker, advises against using teaching as the primary endeavor for an EB2 AW petition due to potential issues with approval.
• 📈 The video references the Matter of Dina case, which established that teaching alone does not meet the national importance criterion for EB2 AW.
• 📊 Oscar provides examples of failed cases to illustrate why teaching endeavors are typically not successful in EB2 AW petitions.
• ❌ The video warns against mentioning 'labor shortage' in teaching as a reason for national interest, as it is not a compelling argument for USCIS.
• 🔍 Oscar encourages viewers to learn from the mistakes of others by studying failed cases and understanding how to strengthen their own petitions.
• 🔗 Links to resources, including previous videos and a website with more information on EB2 AW, are provided for further learning.
• 💡 The video suggests that if one's professional background includes both teaching and research, focusing on the research aspect could be more successful for EB2 AW.
• 📝 Oscar emphasizes the importance of demonstrating a broader impact beyond the classroom when presenting an EB2 AW petition.
• 🌐 The video concludes with a recommendation to avoid 'pure teaching' endeavors in EB2 AW petitions and to pivot towards showing a wider societal impact.

Q & A

What is the main topic discussed in the video script?

The main topic discussed in the video script is the challenges and pitfalls of pursuing an EB2 National Interest Waiver (NIW) based on a teaching endeavor, particularly why it is generally not recommended and how it can lead to issues like Request for Evidence (RFE) or denial.

Who is Oscar and what is his role in the video?

Oscar is a scientist and the presenter of the video. He discusses immigration topics, specifically focusing on the EB2 NIW category, and provides guidance on how to avoid common mistakes in the application process.

What does EB2 NIW stand for and why is it significant?

EB2 NIW stands for Employment-Based Second Preference National Interest Waiver. It is significant because it allows individuals with exceptional ability or advanced degrees to apply for a Green Card without a job offer or labor certification, potentially saving time and money.

What is the 'matter of danar' mentioned in the script and why is it important?

The 'matter of danar' refers to a precedent-setting case that established criteria for evaluating EB2 NIW applications. It is important because it guides how USCIS (United States Citizenship and Immigration Services) assesses whether an applicant's work has national importance and if they are well-positioned to advance their proposed endeavor.

Why does the script suggest avoiding teaching as the primary endeavor for an EB2 NIW application?

The script suggests avoiding teaching as the primary endeavor because USCIS often views teaching in a classroom as not raising to the level of national importance required for an EB2 NIW. The endeavor should have broader impacts beyond the classroom to be considered.

What is the significance of the term 'pure teaching endeavor' in the context of the video?

The term 'pure teaching endeavor' refers to an EB2 NIW application that is centered solely around classroom teaching. The video suggests that such endeavors are less likely to be approved due to the difficulty in demonstrating national importance and broader societal impact.

What are the two prongs of the NIW criteria mentioned in the script and why are they important?

The two prongs of the NIW criteria mentioned are: 1) The proposed endeavor has both substantial merit and national importance, and 2) The applicant is well-positioned to advance the proposed endeavor. They are important because meeting these criteria is necessary for a successful EB2 NIW application.

What mistake regarding the term 'labor shortage' does the script warn against making in an EB2 NIW application?

The script warns against mentioning a 'labor shortage' in the context of an EB2 NIW application because it implies that the applicant alone can solve a national problem, which is generally not convincing. It is advised to focus on broader impacts rather than addressing a labor shortage directly.

What are the two examples provided in the script to illustrate the challenges of EB2 NIW applications based on teaching?

The two examples provided are cases of a physics teacher and an ESL (English as a Second Language) teacher. Both cases demonstrate how focusing on teaching as the primary endeavor led to difficulties in proving national importance and resulted in denials.

What alternative strategies does the script suggest for applicants who are primarily teachers?

The script suggests that teachers should look for ways to demonstrate broader impacts beyond the classroom, such as engaging in research, community outreach, or developing educational materials that have a wider reach. Alternatively, they may consider focusing on other aspects of their work that are not primarily teaching-based.

What resources does the script recommend for individuals preparing an EB2 NIW application?

The script recommends checking out the presenter's website and online courses for resources and guidance on preparing an EB2 NIW application. These resources include video lectures, example petitions, and live sessions for Q&A.