Episode 14: USCIS issues Updated Guidance on EB-2 NIW (Jan 15, 2025)

* EB-2 versus NIW* EB-2 NIW research professionals versus EB-2 NIW entrepreneurs.EB-2· Master’s degree.* Ph.D. engineer who wants to open a bakery.· Bachelor’s degree + 5 years of post-Bachelor’s work experience.* Bachelor’s in Chemistry and 5 years of experience working in a gas station.· “Exceptional Ability.”* Relevant criteria.* “Final merits determination.”NIW· Benefits to a specific employer, even one with a national footprint, are not sufficient to establish “national importance.”· The candidate must show that their own individual endeavor stands to have broader implications, such as for a field, a region, or the public at large.Examples –* A person developing a drug at a pharmaceutical company may establish national importance by demonstrating the prospective public health benefits of the drug, not discussing the profits to the employer.* A person developing a particular technology may not be able to establish “national importance” based on benefits to the employer or the employer’s customers.* To establish national importance, the candidate must provide evidence of –* Widespread interest in adoption or licensing of technology; or* A novel and important manufacturing or operational process; or* How the technology stands to impact the development of similar technology by other companies.A person using their company’s software for various clients will not be able to establish national importance.Regarding letters of support –The letter may be persuasive when the letter writer is a subject matter expert who has first-hand knowledge of the person’s achievements.Letter should -* Describe those achievements; and* Provide specific examples of how the person is well-positioned to advance the endeavor; and* Supplement the letter with independent evidence.Separate discussion about entrepreneurs later.January 2022 versus January 2025: That’s All Folks! This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe