Avoid this in your EB2 NIW green card petition

Summary

In this video, Oscar, a scientist, advises against using 'labor shortage' in EB-2 NIW green card petitions as it contradicts the purpose of a national interest waiver. He explains that USCIS officers are trained to flag such terms, which can lead to requests for evidence (RFEs). Instead, petitioners should focus on demonstrating exceptional abilities and how their work advances national interests. Oscar supports his advice with examples from actual RFEs and encourages viewers to review their petitions or lawyers' work carefully.

Takeaways

• 🚫 Avoid using 'labor shortage' in your EB-2 NIW green card petition as it raises a red flag with USCIS.
• ❗ USCIS officers are trained to detect 'labor shortage' and it can lead to a Request for Evidence (RFE).
• 🔍 EB-2 NIW is not intended to address labor market shortages; it's for those who can demonstrate national importance.
• 📚 The labor certification process is the correct channel for addressing labor shortages, not the NIW.
• 👀 Even if you're working with a lawyer, review your petition to ensure 'labor shortage' isn't mentioned.
• 📈 Focus on your exceptional abilities and how your work is of national importance, not on filling a labor gap.
• 🔗 Always look for concrete evidence and official USCIS documents to support the advice given, even from trusted sources.
• 📝 When discussing national importance, concentrate on areas where the U.S. has significant interest, not just labor needs.
• 🚀 The national interest waiver is discretionary; avoid giving USCIS reasons to deny your petition based on misunderstood terms.
• 💡 If you must mention professional needs in your field, do so without centering your argument on 'labor shortage'.

Q & A

What are the two words that should be avoided in an EB-2 NIW green card petition?

The two words that should be avoided are 'labor shortage.'

Why do you think USCIS officers might be trained to detect the words 'labor shortage'?

USCIS officers are trained to detect 'labor shortage' because EB-2 NIW is not designed to solve labor market shortages; that's the purpose of the labor certification process, which is the opposite of a national interest waiver.

What is the main difference between EB-2 NIW and the labor certification process?

The main difference is that EB-2 NIW allows self-petitioning without a company sponsor and aims to waive the labor certification requirement for applicants who can demonstrate national importance, whereas the labor certification process is designed to address labor shortages in the U.S. job market.

Why should one not argue about labor shortages when applying for an EB-2 NIW?

Arguing about labor shortages can weaken an EB-2 NIW case because it implies that the applicant should go through the labor certification process instead, which contradicts the purpose of seeking a national interest waiver.

What should be the focus of an EB-2 NIW petition instead of labor shortage?

The focus should be on the applicant's exceptional abilities, how their work contributes to national interests, and the significance of their endeavors to the U.S., rather than addressing labor shortages.

What is the significance of the Administrative Appeals Office (AAO) cases mentioned in the script?

The AAO cases are significant because they provide concrete evidence of how mentioning 'labor shortage' can negatively impact EB-2 NIW petitions, as they show instances where the USCIS has denied waivers based on this argument.

What advice does the speaker give regarding the use of the term 'labor shortage' in the petition?

The speaker advises to avoid using the term 'labor shortage' altogether, especially when arguing national importance, and to focus on demonstrating the applicant's unique qualifications and contributions to the national interest.

Why did the speaker create this video?

The speaker created this video to educate viewers about the pitfalls of using 'labor shortage' in EB-2 NIW petitions, based on their experience advising on RFEs and to correct misinformation from a well-intentioned lawyer's video.

What is the role of the USCIS Policy Manual in EB-2 NIW applications?

The USCIS Policy Manual provides guidance on the proper arguments and considerations for EB-2 NIW applications, and the speaker emphasizes that it does not mention 'labor shortage' as a valid argument for national interest, reinforcing the advice to avoid this term.

What is the speaker's recommendation for those interested in learning more about EB-2 NIW petitions?

The speaker recommends enrolling in their online course, where they provide detailed guidance on crafting a successful EB-2 NIW petition, including how to avoid common mistakes like focusing on labor shortages.