Challenges

The client faced several challenges in applying for the EB-2 NIW visa. The EB-2 NIW visa requires applicants to demonstrate exceptional ability in their field and provide evidence of national or international recognition for their work. The client had extensive experience in the food industry but lacked formal academic qualifications or recognition from international organizations.

Additionally, the client’s business was relatively new, and they did not have a long track record of success or substantial revenue. The client’s focus on providing gluten-free options to a specific population, while commendable, may not have been sufficient to demonstrate exceptional ability in the food industry.

Approach

To overcome these challenges, the client worked with our experienced immigration lawyer from IBP Immigration Law. The lawyer conducted a thorough evaluation of the client’s credentials and advised the client on the best approach to take for the EB-2 NIW application.

IBP Immigration Law helped the client gather evidence to support their application, including testimonials from customers and industry experts, articles written about the client’s products and business, and evidence of the client’s contributions to the food industry.

IBP Immigration Law also helped the client highlight their unique approach to providing gluten-free options to a growing population of Hispanic Americans. Our lawyer emphasized the importance of the client’s work in promoting health and wellness and providing healthy food options to individuals with dietary restrictions.

Results

The EB-2 NIW application was approved in just nine months, without a request for further evidence (RFE). The client, spouse and child under 21 were able to secure their green cards to work and live in the United States.

The successful application demonstrated the importance of highlighting unique contributions to a specific field and the importance of providing evidence of industry recognition and support. The client’s focus on providing healthy, all-natural gluten-free options to a growing population of Hispanic Americans was particularly relevant and demonstrated exceptional ability in the food industry.

Working with an experienced immigration lawyer from IBP Immigration Law was crucial to the client’s success. The lawyer provided guidance and support throughout the application process, helping the client gather evidence and present their case in the best possible light. Our immigration lawyer’s expertise and in-depth knowledge of the EB-2 NIW visa process were instrumental in securing the client’s approval.

Conclusion

The EB-2 NIW visa is an excellent option for entrepreneurs and professionals with exceptional ability in their field. While the application process can be challenging, working with an experienced immigration lawyer can increase the likelihood of success.

This case of the entrepreneur in the food industry highlights the importance of highlighting unique contributions to a specific field and providing evidence of industry recognition and support. It also demonstrates the importance of having a clear and compelling narrative that demonstrates exceptional ability in the chosen field.

At IBP Immigration Law, our experienced immigration lawyers can help you navigate the EB-2 NIW visa application process and increase the likelihood of success. We have a thorough understanding of the requirements and can provide guidance and support throughout the process. Contact us today to schedule a consultation and learn more about how we can help you achieve your immigration goals.

Ingrid Borges Perez, Esq. U.S. Immigration Attorney

Requirements for O1 Visa for Business:

To be eligible for an O1 visa for business, you must demonstrate extraordinary ability in business, which means you must show that you have risen to the top of your field and have achieved a level of expertise that is recognized nationally or internationally. You must also provide evidence that you have received sustained national or international acclaim in the field of business.

Some of the evidence that you can provide to demonstrate your extraordinary ability in business includes:

1. Evidence of awards, prizes, or other forms of recognition for your work in business;
2. Documentation of your original scientific, scholarly, or business-related contributions to the field;
3. Published materials in professional or major trade publications or major media outlets about your work in business;
4. Evidence of your participation as a judge or reviewer in the field of business;
5. Evidence of your membership in professional associations in the field of business;
6. Evidence of your significant contributions to the field of business.

Benefits of O1 Visa for Business:

The O1 visa for business offers several benefits for those who qualify. Some of the benefits include:

1. The O1 visa is a nonimmigrant visa, which means that it allows you to work in the United States temporarily without having to apply for permanent residency;
2.  The O1 visa allows you to work for your sponsoring employer in the United States, and you may also be able to work for other employers in the same field;
3. The O1 visa allows you to bring your spouse and children to the United States with you, and they may be eligible to apply for dependent visas;
4. The O1 visa allows you to travel in and out of the United States freely during the validity of your visa.

Application Process for O1 Visa for Business:

The application process for the O1 visa for business is similar to that of other nonimmigrant visas. The following is a general overview of the steps involved in the application process:

1. Find a sponsor: To apply for the O1 visa, you must have a sponsor who is a U.S. employer or an agent. The sponsor must file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS);
2. Gather evidence: You must provide evidence to support your claim of extraordinary ability in business. The evidence must show that you have achieved national or international acclaim in your field and that you have made significant contributions to the field of business;
3. Submit the petition: Your sponsor must submit the petition and supporting documents to the USCIS. The USCIS will review the petition and determine whether you meet the eligibility requirements for the O1 visa;
4. Attend an interview: If the USCIS approves your petition, you will be scheduled for an interview at a U.S. consulate or embassy in your home country. During the interview, you will be asked questions about your business background and your reasons for wanting to work in the United States;
5. Receive your visa: If the consular officer approves your application, you will receive your O1 visa, which will allow you to enter the United States and begin working for your sponsor.

Increase the Likelihood of Getting your O1 Visa Approved

The O1 visa for business is a valuable option for those who have achieved extraordinary ability in the field of business. It allows individuals to work for a U.S. employer or agent and bring their families with them to the United States. Working with an experienced immigration lawyer from IBP Immigration Law can be highly beneficial for individuals seeking an O1 visa for several reasons.

IBP Immigration Law attorneys have in-depth knowledge of the O1 visa process: Our lawyers have a thorough understanding of the O1 visa requirements, the evidence that needs to be provided, and the application process. They can guide you through each step of the process, help you gather the necessary documents, and advise you on how to present your case in the best possible light.

Every visa application is unique, and an experienced immigration lawyer can create a customized strategy based on your specific circumstances. They can help you identify your strengths and weaknesses, develop a strong case, and advise you on the best approach to take during the application process.
Schedule your consultation to speak with one of our attorneys today.

Who is eligible for a 10-year marriage-based green card?

You may file Form I-751 if you are a lawful permanent resident (LPR) who has a 2-year conditional green card and you are married to the U.S. citizen or LPR through whom you obtained your conditional residency.

I-751 Petition Requirements

There are a few legal requirements for filing a Form I-751 petition for removal of conditions on residence, which is what you’re doing when you want to get married and change the status of your spouse.

First, if you are filing jointly with your spouse, both of you must be living in a marital union. If you are filing separately from your spouse, you must prove that you entered the marriage in good faith.

If filing jointly, you will need to prove that you’ve been married to your spouse during the duration of your LPR status. You’ll also need to prove that your marriage is bona fide—that it’s real, not just a sham to get around immigration laws.

This means that you’ll need to show documentation of your continued marital relationship, such as evidence of joint ownership of assets such as a bank or credit card accounts or utility bills in both names and photos of your time together with family and friends.

I-751 Petition Process

The first thing you’ll want to do is gather your documents. The following are generally required:

• Proof of your legal status in the U.S. (such as a green card);
• Evidence that you have been married for at least two years, such as a copy of your marriage certificate, proof of joint ownership of property or assets, and photos together over the years

You must include Form I-751. You’ll need to pay the USCIS fee with this form. If you’re filing jointly with your spouse, will also need to complete their own section of this form.

After submitting your form and fee payment, you’ll receive confirmation from the USCIS that they’ve received it within three weeks; after that point, they’ll review it and contact you if they have any questions.

What if you’re petitioning to remove conditions without your spouse?

If the marriage through which you obtained your LPR status has ended, you may still file a Form I-751 petition to remove the conditions on your permanent residence requesting a waiver of the joint filing requirement. This is also known as Form I-751 with a waiver. It may be applicable in several circumstances.

For example, in order to file for removal of conditions on your green card as a battered spouse, you must meet certain requirements:

You must have been battered or subjected to extreme cruelty by your US citizen/LPR spouse;
You must provide evidence that the abuse occurred during the marriage and continues up until the time of filing; and
You must prove that there are no other factors that would prevent the removal of conditional status (such as abandonment).

Can I work and travel while my Form I-751 for my 10-year green card application is pending?

Yes, you can. However, you should be aware that there are some restrictions on the duration of your stay outside the United States when you are removing the conditions of your green card.

In general, if you are in the process to remove the conditions of permanent residence (also known as a 10-year green card), then you may travel outside of the United States after your Form I-751 has been filed but before it has been approved. However, if you leave the United States during this time period and do not return within six months of your departure, then it may be considered as an abandonment of your application and USCIS will deny it.

How to avoid your 10-year green card application getting denied

The 10-year marriage green card process can be a complex one. If you’re trying to get a 10-year green card, you may be wondering if it’s even worth the time and money to hire an immigration lawyer.

The truth is that your chances of getting your green card can be significantly increased by hiring a lawyer, especially if you have a complicated case or are applying after the marriage has ended. A good lawyer will know how to make sure your case is presented in the best possible light so that you don’t end up being denied because you didn’t prepare the case well —like forgetting to sign one of the forms needed during the application process (a mistake that happens more often than you’d think) – or if you do not meet your legal burden.

If this sounds like something that could happen to you—or if you just want some peace of mind—it’s worth talking with an immigration lawyer before filing anything official with USCIS. Contact IBP Immigration Law today and get an excellent lawyer on your side.

Challenge:

The client was abroad, and his family was in the US with F (student) status. The COVID-19 pandemic made the case take longer than it normally would.

Solution:

Our client qualified for EB-2 classification for having a Master’s Degree in Engineering. He was also working towards a Ph.D. that was not yet concluded. We successfully argued that he also had exceptional ability. In order to prove that he was exceptional as an engineer, we included lots of evidence of his publications, citations, presentations, and contributions to his field. We also submitted extensive evidence of dozens of important certifications and 5 letters of recommendation from peers in the US. We did not include a professional plan. Instead, we let the evidence speak for itself and drafted a perfect legal brief.

Results:

Our client’s EB2 NIW was approved in just 9 months without a Request for Evidence. The COVID-19 pandemic slowed down the processing of his Immigrant Visa. However, the client’s family was able to enter the US with an F visa to study while the case moved along. Once the US Embassy scheduled the interview, the client and family returned to the US as green card holders.

Conclusion:

With a well-planned approach, numerous professionals can secure a green card via the EB-2 NIW Visa. This case study highlights how talented individuals in STEM fields can successfully obtain an EB-2 NIW without a professional or business plan. Each case is different and requires a thorough evaluation. If your background aligns with these areas of expertise, you could be a strong candidate for an EB-2 NIW. Consult with our immigration attorney to explore your options in greater detail.

Do you want a complementary assessment of your case? Contact us here to get started.