National Interest Waiver

EB-1A Green Card for Startup Founders, CEOs & CTOs

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Entrepreneurship is the backbone of US innovation. If you’re a Startup Founder, CEO, or CTO driving technological, economic, or social impact, you may already qualify for the EB-1A Extraordinary Ability Green Card. No awards, publications, or PhD required.

This guide breaks down how business leaders and startup innovators can self sponsor for U.S. permanent residency under EB-1A or EB-2 NIW.

What Is the EB-1A Extraordinary Ability Green Card?

The EB-1A is for individuals who have risen to the very top of their field in business, science, or technology.
It allows you to self-petition with no employer or investor sponsorship is needed.

To qualify, you must satisfy at least 3 of 10 USCIS criteria and prove your sustained national or international recognition. Startup executives frequently qualify through innovation, leadership, fundraising success, and measurable business impact.

EB-1A for Startup Founders Without Major Funding

Even early stage entrepreneurs can qualify. USCIS focuses on impact and leadership, not just valuation. You can still win EB-1A if you:

  • Built a product with substantial user growth or open-source adoption
  • Led a strategic partnership or pilot with a large corporation or government entity
  • Achieved recognition through accelerator programs or innovation awards
  • Created jobs or patents contributing to the U.S. economy

EB-1A vs. NIW for Entrepreneurs

If your startup’s mission benefits US innovation, sustainability, or economic competitiveness, the EB-2 National Interest Waiver is another excellent option. It also allows self sponsorship and often has a slightly lower threshold than EB-1A.

CategoryEB-1AEB-2 NIW
FocusExtraordinary individual achievementNational benefit of your work
Employer Required?NoNo
Processing TimeFaster (Premium Processing available)Slower
Ideal ForHigh-impact founders, CEOs, and CTOsFounders solving major U.S. problems or advancing innovation

Real-World EB-1A Success Story

A CTO of a fintech startup approached us after raising $6 million in seed funding and launching a compliance automation platform used by over 300 clients. We focused his petition on:

  • His patented AI security framework adopted by multiple institutions,
  • His leading role in product development and investor relations, and
  • Press coverage of his company’s impact.

Result: EB-1A approved in 8 days under premium processing.

Start Your EB-1A or NIW Case Today

If you’re a Startup Founder, CEO, or CTO leading innovation, your achievements may already qualify you for a US green card.

Email: info@messersmithlaw.com
Call: 305-515-0613
Visit: www.messersmithlaw.com

EB-1A Green Card for Directors of Engineering & Software Engineering Managers

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In the fast evolving world of technology, Directors of Engineering and Software Engineering Managers play a critical role in shaping innovation, driving large scale systems, and leading global teams. If you hold one of these titles, you may qualify for the EB-1A (Extraordinary Ability) or NIW (National Interest Waiver) green card. No publications or PhD required. This guide explains how senior technology professionals can successfully obtain a US green card through leadership, innovation, and measurable impact, not just academic achievements.

What Is the EB-1A Green Card?

The EB-1A category is designed for individuals who have reached the top of their field in science, technology, business, or the arts. Unlike most employment based categories, you don’t need a job offer or employer sponsorship. To qualify, you must meet at least three of ten criteria, such as original contributions, leadership, high salary, or recognition by peers, and show sustained national or international acclaim.

Why Directors of Engineering Qualify for EB-1A

Software engineering leaders often meet multiple EB-1A criteria without traditional academic credentials.
Here’s how top engineers and managers demonstrate extraordinary ability:

EB-1A CriterionHow a Director of Engineering or Manager Qualifies
Original Contributions of Major SignificanceDeveloping or deploying large scale technologies used by millions of users, improving system efficiency, or introducing patented algorithms.
Leading or Critical RoleManaging global teams or leading high stakes projects at companies like Google, Amazon, Meta, or fast growing startups.
High Salary or RemunerationEarning top tier compensation packages that exceed the 90th percentile for your role according to US Department of Labor data.
Judging the Work of OthersServing as a technical interviewer, code reviewer, hackathon judge, or reviewer for internal innovation programs.
Membership in Associations Requiring Outstanding AchievementInvited memberships in selective tech or leadership organizations.
Media or Industry RecognitionBeing featured in company announcements, press releases, or industry blogs about your leadership or innovation.

Common EB-1A Evidence for Engineering Leaders

Even if you lack academic publications, you can prove “extraordinary ability” through real world, outcome-based documentation, such as:

  • System architecture diagrams or patent filings.
  • Evidence of leading successful product launches.
  • Documentation showing your code, framework, or system is widely adopted.
  • Organizational charts showing your leadership position.
  • Performance evaluations highlighting innovation and impact.
  • Salary data and offer letters proving above market earnings.
  • Recommendation letters from senior executives, CTOs, or tech peers.

What About the NIW (National Interest Waiver)?

If you don’t yet qualify for EB-1A, the National Interest Waiver may be an excellent alternative. This green card category also allows self-petitioning, no employer sponsorship required, and focuses on the national importance of your work.

How Software Engineering Managers Qualify for NIW:

  • Building or managing infrastructure critical to cybersecurity, AI, or national data systems.
  • Creating technologies that improve productivity, reduce costs, or enhance safety.
  • Leading initiatives with broad economic or social benefit to the US.
  • Contributing to emerging industries such as fintech, AI, or green tech.

NIW petitions can succeed even without international awards or citations when you show substantial merit, national importance, and that your work benefits the U.S.

Real World Success Story

A Director of Engineering at a global fintech company came to our firm after being told he didn’t qualify because he had no publications. We built his EB-1A petition around:

  • His leadership of a multi-region payments platform handling billions in transactions,
  • His patent on data optimization, and
  • Salary evidence showing he was among the top 5% of earners in his industry.

USCIS approved the petition in nine days under premium processing.

How Messersmith Law Firm Can Help

We’ve helped thousands of clients , including engineering managers, directors, and startup founders, secure EB-1A and NIW green cards. We know how to translate technical leadership into legal evidence that USCIS understands.

Our services include:

  • Evaluating your eligibility for EB-1A or NIW
  • Building a strong, custom legal argument for extraordinary ability
  • Drafting recommendation letters from executives and peers
  • Preparing your petition and evidence package for maximum approval success
  • Filing with USCIS and handling RFEs or NOIDs if issued

Take the Next Step

If you are a Director of Engineering, Software Engineering Manager, or senior technical leader, now is the time to explore your EB-1A or NIW eligibility.

  • Call us at 305-515-0613
  • Email info@messersmithlaw.com
  • Schedule your consultation today — and let’s build your path to a U.S. green card.

NIW Success Stories: Real Life Examples of Successful NIW Cases: How We Helped Clients Win National Interest Waivers

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The National Interest Waiver (NIW) green card is one of the most powerful immigration options for professionals who can show that their work benefits the United States. Unlike other employment based categories, NIW applicants can self petition which means that they don’t need an employer to sponsor them.

USCIS carefully reviews whether the applicant’s work has substantial merit and national importance, whether they are well positioned to advance their field, and whether waiving the job offer and labor certification requirement is in the national interest.

At our firm, we’ve helped professionals from a wide variety of industries to secure NIW approvals even those who thought they would not qualify. Below are some of our NIW success cases.

NIW Success Case: Public Health Researcher

One client was an epidemiologist working on disease modeling and outbreak prevention. While she did not have a long list of publications, we demonstrated that her research was actively used by US public health agencies to improve emergency response. By highlighting real world impact rather than academic prestige, her NIW petition was approved, allowing her to continue her critical work in the US.

NIW Success Case: Renewable Energy Engineer

Another client, a mechanical engineer specializing in solar panel efficiency, was initially unsure he qualified because he did not hold a PhD. We proved that his innovations were already helping reduce carbon emissions and had been implemented in several US based projects. With strong recommendation letters and evidence of practical contributions, USCIS approved his NIW petition.

NIW Success Case: Financial Technology Specialist

A data scientist in the fintech industry developed AI models to detect fraud in digital banking. Even though his field was not traditionally associated with NIWs, we successfully argued that his work strengthened the US financial system and cybersecurity. His petition was approved and he is now advancing his career in the US.

NIW Success Case: Agricultural Scientist

We also represented an agricultural scientist who worked on developing drought resistant crops. By showing how his research contributed to US food security and was adopted by farmers in regions prone to drought, we convinced USCIS that his work served the national interest. We were able to secure approvals for both his NIW and green card.

How We Help Clients Win NIW Petitions

Our firm has built a strong track record of NIW approvals across diverse industries from healthcare and engineering to finance, education, and technology. We know how to:

  • Highlight the national importance of your work
  • Prove you are well positioned to continue making contributions
  • Frame your achievements in ways USCIS understands and values
  • Draft persuasive legal arguments and recommendation letters
  • Overcome obstacles like lack of publications or traditional recognition

Your Path to Approval Starts with the Right Legal Team

Every client’s story is different, but our NIW success stories show that approval is possible even in non traditional fields. What matters most is how your case is presented. With the right legal guidance, your skills and contributions can be recognized as being in the national interest of the United States.

If you’re considering an NIW petition or have been told you don’t qualify, don’t give up. Contact us today at 305-515-0613 or email info@messersmithlaw.com to discuss your case. Let us help make your NIW success case the next one.

Winning a Green Card Without a Sponsor: How We Help Non-Traditional Professionals Qualify for a National Interest Waiver (NIW)

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Are you a skilled professional without publications, a PhD, or a US employer willing to sponsor you for a green card? You may still qualify for permanent residence in the US through a National Interest Waiver (NIW) even if you’re in a field that isn’t traditionally associated with scientific research or academia.

Many believe that the NIW category is only available to scientists with published work and dozens of citations. But that’s no longer the case. The immigration system has evolved, and so have the types of professionals who qualify. We have successfully helped clients in industries like cybersecurity, financial technology, education reform, and engineering obtain green cards without employer sponsorship.

What Is the National Interest Waiver (NIW)?

The NIW falls under the EB-2 immigrant visa category. It allows certain foreign nationals to self-petition for a green card without a job offer or labor certification if they can show that their work has substantial merit and national importance, and that waiving the standard job offer requirement would benefit the United States.

This category is especially valuable for:

  • Freelancers and independent consultants
  • Entrepreneurs and business owners
  • Educators and nonprofit professionals
  • Researchers and applied professionals in non-academic roles

How We Helped Clients Succeed Without Publications or Citations

Here are three real examples of how we guided non-traditional professionals through the NIW process and won approval:

Cybersecurity Consultant

Our client specialized in protecting critical infrastructure systems from cyber threats. Although he had no publications or formal academic accolades, he had a strong track record of implementing security protocols for municipal water systems and financial platforms. We highlighted how his work prevented cyberattacks that could cripple public services and argued that his continued presence in the US was in the national interest. He was approved for a green card without any employer sponsorship.

Financial Technology (FinTech) Data Analyst

This client worked on AI-based fraud detection algorithms for a mobile banking company. While she wasn’t in a “research” role, her contributions significantly reduced digital fraud losses across the financial sector. We built a strong narrative around the economic impact of her work and supported it with evidence from the companies she helped secure. The case was approved in under six months.

STEM Educator Reforming Curriculum in Underserved Communities

A former teacher and curriculum designer had pioneered new teaching models to increase math and science proficiency in low income school districts. We showed how her work addressed critical education gaps in the US, aligned with federal education goals, and demonstrated both merit and national importance. She received her green card without needing a university or school district to sponsor her.

Why These NIW Cases Succeed And Why Most Self-Filers Get Denied

Success in non-traditional NIW cases depends on more than just professional experience. It depends on how well the case is presented, argued, and documented. USCIS officers want a clear, legally persuasive argument supported by real world impact, third party validation, and forward-looking national benefit. That’s where our law firm comes in.

We’ve helped professionals from over 25 countries win NIW approvals even without citations, academic degrees, or large employers behind them. Our approach includes:

  • Building a compelling personal narrative
  • Highlighting US policy alignment (national security, education, innovation, etc.)
  • Strategically presenting letters of support and project evidence
  • Anticipating and preemptively addressing USCIS concerns

Let’s Get Started on Your NIW Green Card

If you’re a skilled professional and think you don’t qualify for a green card, think again. With the right legal strategy, you may be just one application away from permanent residence in the United States.

Contact our office today to schedule a consultation at info@messersmithlaw.com or (305) 515-0613. We’ll evaluate your background, determine your NIW eligibility, and guide you through a tailored, high impact petition.

Winning Non-Traditional NIW Cases: How We Helped Clients Qualify for the National Interest Waiver

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The National Interest Waiver (NIW) is commonly associated with scientists, researchers, and medical professionals who have extensive publications, citations, and academic credentials. While these applicants often meet the traditional criteria, many highly skilled professionals in other industries lack formal publications but still provide valuable contributions to the United States. Our firm has successfully helped clients from non-traditional fields secure NIWs by demonstrating that their work has a substantial impact on US national security, economic growth, and technological advancement, even without a strong academic record. Below are three cases where we helped clients qualify for an NIW without publications or citations.

Case 1: Financial Technology Expert Preventing Fraud in Digital Banking

A financial technology (FinTech) expert specializing in AI-driven fraud detection models was initially unsure if he would qualify for an NIW because he had no published research or citations. However, his work in developing security algorithms for major US banks had a direct impact on preventing financial fraud and protecting millions of consumers. We structured his petition around the real world impact of his work, emphasizing how his fraud detection technology was already being used in the banking sector to combat cyber threats and identity theft. By demonstrating that his contributions strengthened the US financial system and improved national economic security, we secured his NIW approval without the need for academic publications.

Case 2: Aerospace Engineer Reducing Fuel Costs for Airlines

An aerospace engineer working on fuel-efficient aircraft engine designs came to us after being told that his lack of publications would make his NIW case weak. However, his work had already led to advancements in aircraft fuel efficiency, directly benefiting both commercial airlines and US military aviation by reducing fuel consumption and lowering emissions. We focused his petition on the practical impact of his innovations, highlighting how his engineering solutions were being implemented by major aerospace companies and had the potential to save millions in fuel costs while reducing environmental impact. By showing that his work contributed to US energy efficiency and economic stability, we won his NIW case without relying on academic credentials.

Case 3: Cybersecurity Specialist Protecting U.S. Infrastructure

A cybersecurity specialist focusing on critical infrastructure protection approached us after his NIW was denied due to his lack of academic research or citations. His expertise, however, was instrumental in developing security protocols that protected power grids, government networks, and transportation systems from cyberattacks. We built his NIW case around the national security implications of his work, emphasizing how his contributions directly prevented potential cyber threats to US infrastructure. His work had been recognized by US government agencies and defense contractors, which helped us establish his eligibility. By demonstrating that his cybersecurity advancements were vital to national security, we successfully secured his NIW approval.

Helping Non-Traditional Professionals Win NIW Cases

If you are an expert in your field but lack traditional academic publications or citations, you may still qualify for a National Interest Waiver if your work significantly benefits the US. We specialize in crafting strong petitions for professionals in finance, engineering, cybersecurity, education, healthcare, business, and other industries where practical contributions outweigh academic credentials. If you want to explore your options, call us today at 305-515-0613 or email info@messersmithlaw.com for a consultation. Let us help you build a winning NIW case and achieve your US immigration goals.

Navigating the EB2 Visa and National Interest Waiver (NIW) Process

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The EB2 visa, specifically the National Interest Waiver (NIW) category, is an essential pathway for highly skilled professionals seeking to obtain a U.S. green card without the need for a specific job offer. The NIW category, part of the employment-based second preference (EB2) visa, allows foreign nationals to bypass the labor certification process by proving that their work in the United States is in the national interest. This blog will address some frequently asked questions to help you understand the key aspects of the EB2 NIW process.

Understanding the National Interest Waiver (NIW)

The National Interest Waiver (NIW) is a special provision under the EB2 visa category that allows foreign nationals to self-petition for a green card. Unlike the regular EB2 process, which requires a U.S. employer to sponsor the applicant and obtain a labor certification, the NIW permits individuals to bypass these requirements. To qualify, the applicant must demonstrate that their work has substantial merit, is of national importance, and that they are well-positioned to advance their proposed endeavor in the United States. The decision to grant an NIW is based on the “Matter of Dhanasar” three-prong test, which evaluates the potential national benefit of the applicant’s contributions.

Key Differences Between Regular EB2 and EB2 NIW

One of the primary distinctions between a standard EB2 visa and an EB2 NIW is the requirement for a job offer and labor certification. In a regular EB2 case, a U.S. employer must act as the petitioner and obtain a labor certification to prove that no qualified U.S. workers are available for the job. The foreign national is the beneficiary of this petition. Conversely, in an EB2 NIW case, the foreign national can self-petition, meaning they can apply on their own behalf without a job offer or labor certification. This self-petitioning aspect makes the NIW an attractive option for individuals whose work benefits the United States but who may not have a specific employer willing to sponsor them.

Eligibility for the EB2 NIW

To be eligible for the EB2 NIW, an applicant must first meet the basic requirements of the EB2 category, which includes holding an advanced degree or demonstrating exceptional ability in their field. Advanced degree professionals typically hold a U.S. or foreign equivalent degree above a bachelor’s level or have a bachelor’s degree with at least five years of progressive work experience. For those without an advanced degree, demonstrating exceptional ability through substantial evidence of achievements and recognition in their field can also qualify them for the EB2 NIW. Once the basic EB2 requirements are met, the applicant must also satisfy the NIW criteria by proving that their work aligns with the national interest of the United States.

Advantages of the EB2 NIW

The EB2 NIW offers several significant advantages over the regular EB2 visa. Firstly, it eliminates the need for a labor certification, which can be a lengthy and complex process. Secondly, it allows the applicant to self-petition, removing the dependency on a U.S. employer for sponsorship. This independence can be particularly beneficial for researchers, entrepreneurs, and other professionals whose work may not fit neatly into a traditional employment model. Furthermore, the EB2 NIW is available to individuals both inside and outside the United States, providing a flexible option for highly skilled professionals globally.

Filing and Approval Process

It is crucial to present a well-organized and compelling case, as the approval of the NIW petition depends heavily on the quality of the evidence and the persuasiveness of the argument. While there is no fixed number of publications, citations, or recommendation letters required, the evidence must collectively demonstrate the applicant’s impact and potential contributions to the United States.

By understanding the nuances of the EB2 NIW process, eligible professionals can take advantage of this pathway to achieve their U.S. immigration goals. Whether you are an advanced degree holder or possess exceptional abilities, the EB2 NIW provides a unique opportunity to contribute to the national interest of the United States while advancing your career and life in the U.S.

We have successfully helped hundreds of clients obtain NIW green cards. If you want to obtain an NIW green card and need our help, please contact us at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

EB2 NIW No Citation Approvals

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EB2 NIW No Citation Approvals

Many potential clients who approach us with an interest in pursuing an NIW green card wrongfully believe that the NIW classification is only open to researchers or scientists and that citations are mandatory.  This is simply not the case.  For nearly 20 years, we have been handling NIW cases for researchers with low or no citation counts and others in completely different fields.  These include clients working as physicians, IT professionals, engineers, investors, small business owners, and project managers.  Below, we’ll describe a variety of different NIW cases that we’ve handled and handled successfully.  All for clients with low or no citations.

  1. Physician from Iran.  NIW green card application made during client’s fellowship

Our firm assisted an Iran national who earned a medical science degree outside of the US but completed his internship and residency in the United States.  At the time of filing, our client had made three publications which were cited a total of 7 times.  Our client had made some other accomplishments in his field, which we highlighted in the petition to USCIS, and his NIW was approved by the Texas Service Center.

  1. Project Manger with an MBA from Nigeria

Our firm assisted a Nigerian national who worked for an oil and gas company as a project manager.  He had never done any research in his professional or academic career.  No papers, no publications, no presentations, no citations.  We were able to successfully argue his case to USCIS on the basis of his work on several different oil extraction projects.  His NIW was approved by the Nebraska Service Center.

  1.  University Instructor from Romania

Our firm assisted a Romanian national who held a PhD in one of the liberal arts fields.  Our client had published her work in professional journals but had no citations.  Zero citations.  However, we were able to show USCIS that her work has made an impact in her field regardless of the fact that her work was uncited.  Her NIW was approved by the Nebraska Service Center.

  1. Small business owner and investor from Bulgaria

Our firm assisted a Bulgarian national who purchased a small business and expanded the scope of its operations.  Our client was not a scientist or researcher and had no papers or other publications let alone any citations.  We were able to demonstrate the benefits of his work based on the number of US employees he hired, the revenues and profits from his business and the benefits he provided to his US customers.  His NIW was approved by the Nebraska Service Center.

  1. Materials Engineer from Iran

Our firm assisted a Iranian national who, at the time of filing, worked as graduate teaching assistant for a US university.  He had no papers, patents, or citations but we were able to show USCIS that he was working on a potentially important medical device that could benefit Americans who suffered from a particular degenerative illness.  His NIW was approved by the Texas Service Center.

  1. Marine Engineer from India

Our firm assisted an Indian national who held an MS in Ocean Engineering and and was employed with a small US company as a marine engineer.  Our client had no papers, patents, or citations.  We were able to show that the work he had performed in his field provided a major benefit to the marine industry and USCIS agreed with our position.  His NIW was approved by the Nebraska Service Center.

  1. Math Teacher from Ghana

Our firms assisted a Ghana national who earned a master’s degree in teaching from a US University.  Although he had no papers or publications, he was able to design a teaching tool that helped his students understand new math concepts.  We were able to show that his learning tool was substantially better than others available and USCIS agreed.  His NIW was approved by the Texas Service Center.

  1. Leadership Consultant from Grenada

Our firm assisted a Grenada national who held an operational management PhD from a US university.  She had a couple published papers but no citations.  We were able to show that her work in professional conferences and book sales were sufficient to establish her eligibility for this classification.  USCIS agreed with our position and her NIW was approved by the Nebraska Service Center.

  1. Industrial Engineer from Cameroon

Our firm assisted a Cameroon national who worked for a large US hospital where she sought to create and implement new techniques and processes to increase patient access to medical care in a cost effective manner.  Her NIW was approved by the Texas Service Center.

  1. Design Engineer from Mexico

Our firm assisted a Mexican national who worked for a regional manufacturing company in the US.  Although he did not have any papers or citations, he was credited with inventing a US patent that had some useful applications.  His NIW was approved by the Texas Service Center.

If you are looking to apply for a green card through the NIW program and are worried about your chances due to low or no citations, send us a copy of your resume and we’ll see if we can help.  Contact our office to discuss your options.

E2 Visa to Green Card

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E2 Visa to Green Card

If you do not have family green card options or want to make a supersized EB5 investment, there are two primary ways to obtain a green card as an E2 visa holder.

1. Self sponsored green card option

In an effort to encourage foreign nationals to immigrate to the United States, establish or purchase a business and employ US persons, USCIS has established a new set of regulations specifically for foreign entrepreneurs.  This new regulations allow entrepreneurs to obtain permanent residency through the  EB2 NIW category.  This blog post will cover using the NIW to obtain a green card by establishing a US business and hiring US workers.

The National Interest Waiver allows a foreign national to apply for permanent residency through the EB2 category without having a US employer or a job offer.  This means that there is no requirement to undergo PERM labor certification and petitions can be approved in as little as 3 months provided that the entrepreneur’s immigration is in the national interest.

The entrepreneur can show his immigration is in the national interest if he can establish the following three points.

1. The NIW entrepreneur must seek employment in an area that has substantial intrinsic merit.  An example would be a structural engineer working on highway bridges.
2. The NIW entrepreneur must demonstrate that the proposed benefit to be provided will be national in scope.   For example, the entrepreneur might be able to demonstrate that the jobs his or her business enterprise will create in a discrete locality will also create (or “spin off”) related jobs in other parts of the nation. Or, as another example, the entrepreneur might be able to establish that the jobs created locally will have a positive national impact.
3. The NIW entrepreneur must demonstrate that the entrepreneur will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.  The entrepreneur who demonstrates that his or her business enterprise will create jobs for U.S. workers or otherwise enhance the welfare of the United States may qualify for an NIW. For example, the entrepreneur may not be taking a job opportunity from a U.S. worker but instead may be creating new job opportunities for U.S. workers. The creation of jobs domestically for U.S. workers may serve the national interest to a substantially greater degree than the work of others in the same field.

The USCIS is finally recognizing that immigrants are vitally important to the success of the US economy and are providing additional avenues to permanent residence for them.  If you are considering starting, purchasing or expanding a US business, the NIW may be the right choice for you.

2. Employer sponsored green card option (EB2/EB3)

The EB2 employment based green card is for individuals who are members of the professions with advanced degrees (any degree above a baccalaureate degree or a baccalaureate degree and at least 5 years progressive experience in the professions) or who have exceptional ability in the sciences, arts, or business who will substantially benefit the United States.  The combination of a baccalaureate degree with 5 years experience in the professions is deemed equivalent to a Master’s degree. If a doctoral degree is required for the particular profession, the alien must possess the doctoral degree.

EB3 employment based green card is for professionals who hold a US baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

The EB3 employment based green card is also for skilled workers and other workers who are not seasonal or temporary and require at least two years of experience or training as well as other workers are those who are capable of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the US.

In order to obtain permanent residency through the EB2 or EB3 category, the applicant must have an employer willing to sponsor him or her through PERM Labor Certification. The applicant does not have to be employed when labor certification/PERM is filed. A job offer is sufficient. Labor certification/PERM is the process whereby, the US government determines whether qualified US workers can fill the open position. Once the labor certification is approved, the employer may sponsor the applicant for permanent residency.

The EB2/EB3 process is as follows:

  • The employer performs the PERM labor certification process;
  • The employer sponsors the employee for a green card; and then
  • The employee adjust his or her status to permanent resident.

We have successfully helped thousands of clients obtain green cards.  Feel free to call us at 305-515-0613 or email us at info@messersmithlaw.com.  We look forward to helping you and your family obtain green cards like we have for thousands of other clients.

NIW Requirements

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NIW Requirements

The bare minimum qualification for the NIW standard is that the foreign national is a member of the professions holding an advanced degree, defined as a bachelor’s degree with five years of progressive experience or a Master’s degree or higher OR has exceptional ability in the sciences, arts or business.  Exceptional ability is defined as “a degree of expertise significantly above that ordinarily encountered.”  The foreign national can prove this by showing they meet at least three of the following criteria:

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.

Foreign nationals seeking a national interest waiver must also demonstrate that waiving the labor certification process be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them).

In 1998 in the case of New York State Dept of Transportation (NYSDOT) established specific criteria for NIW petitions but this standard was recently modified to make petitions by job creators easier.  In Re Dhanasar (2016) now directs USCIS to grant a national interest waiver if the foreign national demonstrates by a preponderance of the evidence: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that the foreign national is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

The applicant’s spouse and minor children may obtained derivative green cards based on the principle applicant’s approval and all beneficiaries who apply while in the United States may obtain temporary work authorization (EAD) and permission to travel (Advance Parole).

We have successfully helped hundreds of clients obtain NIW green cards. We’re looking forward to helping you and your family obtain green cards as well.  Feel free to call us at 305-515-0613 or email us at info@messersmithlaw.com. For your reference, here are some samples of our approved petitions.

Athlete Visa and Athlete Green Card Options

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For foreign nationals who wish to come to the United States to work or perform as an athlete in sports like football, basketball, hockey, MMA, tennis, golf or in other competitions, there are several different visa and green card options to be found.  Typically, the most difficult part of the process is finding sponsorship but, fortunately for you, I can tell you several ways to get around that issue to perform in the US legally.

Athlete Visa Options

Option 1 – The B1 Visa.  The B1 visa, also known as a business visa, can be used by amateur athletes “competing in an athletic event for which they will receive no payment, other than incidental expenses” and by professional athletes “who receive no salary or payment other than prize money.”  This is clearly not the best option for an athlete who wishes to remain in the US for a longer term as this visa is limited to a six month duration and typically only granted for the exact sporting event period which can be just a couple weeks.  Also, payment is limited to prize money or incidentals.  However, it does not require sponsorship and you do not have to file a petition to USCIS for approval.  The application for a visa can be made at the Embassy and the process is very quick though not always simple to get approved.

Option 2 – The H2B Visa.  The H2B is a seasonal worker visa.  It can be used by athletes to perform in any sport that is seasonal, such as basketball or hockey.  However, for sports that are played year round, this visa type will not be an option.  The H2B visa required a US employer to sponsor the athlete and even more than that, the employer is required test the market for potential employees, run advertisements and promise to pay the “prevailing wage” for the job.  Then the employer must file applications with both the US Department of Labor and USCIS and get approvals from both before a visa application can be made at the Embassy.  Another benefit is that the H2B visa holder can bring his or her spouse or children along with an H4 visa.  The process is slower and cumbersome and you must stay aware of the H2B visa cap which mandates that only 66,000 H2B visas be issued each fiscal year.

Option 3 – The O1 Visa.  The O1 visa is limited to foreign nationals with “extraordinary ability.”  This basically means that this category is reserved for accomplished professional athletes.  Sponsorship is required but it does not need to be from the employer, it can be from a sports agent.  Having a sports agent as a sponsor for your O1 visa is ideal for golf, tennis or other individual sports players that are going to play at multiple different sports events or tournaments.  Unlike the H2B visa, there is no wage requirement and there are no required tests of the labor market.  The employer or agent will file a petition with USCIS and once that is approved, an application for a visa can be made at the Embassy.  A big benefit of this visa type is the athlete can bring a spouse and children along with an O3 visa and you can bring your assistants (multiple) with an O2 visa!

Option 4 – The P1 Visa.  The P1 visa is the only visa type that is specifically designed for athletes.  The athlete does not need to demonstrate extraordinary ability and there is no distinction between amateurs or professionals or individual or groups.  Sponsorship is required but it does not need to be from the employer, it can be from a sports agent.  There is no prevailing wage requirement and no test of the labor market is required.  However, the athlete must be “internationally recognized” and is used to compete at a specific athletic competition.  If you are only competing for prize money, the B1 visa is likely the better option and if you want to remain in the US for a longer period of time then you are likely better off with the H2B visa or O1 visa.

Athlete Green Card Options

Option 1 – PERM Labor Certification + EB3 Green Card.  The PERM labor certification requires a US employer to promise to pay the athlete the prevailing wage and perform a test of the US labor market to see if any minimally qualified US workers are willing and able to take the position, if offered to them.  If no US workers can be located then the green card application can proceed.  The PERM process + the green card process typically takes a couple years if there are no complications or no visa availability issues as listed in the visa bulletin.

Option 2 – EB1 Green Card.  The EB1 requirements mirror the requirements of the O1 visa.  The athlete must be a professional and be significant accomplishments in the sport as to show they are extraordinary.  However, unlike the O1 visa which requires sponsorship by a US employer or agent, the EB1 category has no such requirement.  That means that any foreign athlete can self sponsor and petition for a green card based on their own merits and does not have to rely on anyone else.  When the green card is approved, they are required to continue in their sport but not with any particular employer or agent.  This category is very quick and we have many EB1 cases approved in less than 1 week.

If you would like to explore your athlete visa or athlete green card options, you can contact our office by phone at 305-515-0613, by email at info@messersmithlaw.com or through this contact form.  Our firm has handled thousands of immigration cases and we can evaluate your case to determine the best path for you.