Success Story: Petition for the EB-2 National Interest Waiver in Business

SAN DIEGO - Feb. 27, 2019 - PRLog -- Patrick sought out the EB-2 green card, an employment-based visa for individuals in professions requiring advanced degrees or exceptional abilities to be able to enter and work in the U.S. as a lawful permanent resident. The client wished to make use of the National Interest Waiver program, a procedure made available for those who wish to bypass the EB-2's arduous labor certification process. It also serves as a route by which an entrepreneur can file a self-petition, forgoing the normal requirement of being sponsored by an employer as well as the process of trying to seek out American workers for the position.

Patrick exhibited all the benchmarks of achievement in the entrepreneurial field that would make him a good candidate for EB-2 National interest waiver green card. Our client had accumulated an impressive record of entrepreneurial success, including an expansive history of launching and directing various businesses and products that spanned across borders.

Patrick met the criterion for the advanced degree classification. In fact, he possessed the equivalent of a PhD in business administration, a First Professional Degree in Law (LL.B.), and two bachelor degrees. These were all validated and thus proven by credential evaluations of his foreign degrees.

The focal point of the petition was that the client's current business venture in the U.S. was a bakery. This was an innovative type of bakery offering gluten-free options and preparations of healthy bread based on old traditions so to abstain from the use of preservatives, colorants, or any other artificial additives. While the endeavor possessed certifiable merit, it presented challenges in justifying the claim of National Interest to the U.S.

We provided an intricate detailing of our client's overall business experience and the records of his success with previous ventures in order to prove the high likelihood of success for his current business. We elaborated on the significance of each of his ventures, which included such fields as technology, hospitality, and beyond.

Furthermore, we demonstrated the success that Patrick had already achieved with his current bakery business by showing the important partnerships he was able to build with leading grocery outlets. We provided support letters from the representatives of the national grocery chains who explained how extraordinarily convincing Patrick and his business models were in heralding its inevitable success, allowing them to partner with him while foregoing the much lengthier trial period that is normally extended to new vendors.

With overwhelming evidence of Patrick's past successes and a convincing argument as to the necessity of a specialized food production that would contribute to the health of our nation, USCIS could not simply denounce Patick's achievements as mere speculation. We concentrated on the inevitable health benefits that the company would provide, its attractiveness to consumers (and consequential societal health benefit), the superiority of its products, and the U.S. specific issues the company's presence would address (i.e. epidemic-scale obesity). We also included a substantial portion breaking down the inherent economic benefits the company's continued growth under Patrick would bring. This meant more jobs for American workers. The enterprise was also engaged in e-commerce with orders beyond state lines and was involved with numerous nonprofits, donating food to various organizations and therefore sealing its place as an enterprise of national importance - for reasons economic as well as that of the U.S.'s public health interests. Finally - and most importantly - we highlighted our client's crucial role in securing the company's future developments and the benefits it could deliver to the U.S.

The petition needed to demonstrate that the client would perform his intended role to a substantially greater degree than any available U.S. worker of the same minimal qualifications. This is how U.S. immigration policy validates the waiving of the labor certification process normally utilized for the purpose of protecting American workers. To accomplish this task, we made sure the petition was prepared in such a way that it would accentuate our client's history as well as the skills he had developed and continuously proven throughout his career, attributes that could not be matched. We elaborated extensively upon the difficulty of achieving what Patrick had, and thus the difficulty of appropriately replacing him in his role at the head of the company.

Finally, another substantial portion of the petition was reserved for the all-important step of verifying Patrick's experience through the attestation of experts. As in every relevant immigration benefit request, this is a list that must be carefully selected. As for our client, his letters of recommendation came from a member of the parliament within his home country, a religious minister, a leading industry director, and a legal agent as well as multiple business owners and founders of expert qualification.

Leaning on our years of experience handling NIW petitions and helping our clients prepare strong cases, Patrick was able to meet each requirement for the EB-2 NIW green card.

If there are any inquiries or assistance needed regarding the EB-2 NIW or any number of immigration matters Powell Immigration Law, PC is well-versed in, please contact us (https://ekaterina-powell.squarespace.com/contact).

The original full-length article may be viewed at https://www.calivisa.com/immigration-law-blog/eb-2-national-interest-waiver-petition-business-success