When applying for an EB-1 visa, there are a number of different variations to be aware of, which can allow prospective immigrants to submit multiple applications. In some cases, multiple applications can often result in greater chances an immigration request will be granted via one set of paperwork or another.
EB-1 Visa Applications and Types
An EB-1A visa is one that demonstrates “extraordinary ability” in the candidates respective field. EB-1A visas applications should be presented to USCIS by individuals of extraordinary ability and will allow for eventual employment-based green card status (permanent resident status). There are additional EB-1 visa types geared for other professionals such as outstanding researchers (EB-1B) and managers/executives (EB-1C). To learn more about these visas, please visit:
EB-1 applicants of extraordinary ability do not need to demonstrate proof of employment or employer sponsorship when submitting paperwork for U.S. entry. EB-1 visas are for the highest priority workers and those applying as persons of extraordinary ability also do not need to provide either Labor Certification or National Interest Waiver forms.
However, those who apply under the heading of “outstanding researcher and professor” or “multinational manager and executives” do have a burden of proof of employment and employer sponsorship for a successful application to be received. This means that not only do applicants need to demonstrate high priority qualifications to USCIS, but they must also show that they will be received by a particular employer when immigrating to the United States. If these two types of EB-1 visa applicants do not, in fact, show that they have proof of employment, they can alternatively submit a National Interest Waiver form.
National Interest Waiver Form
When applying using an EB-1 visa form without labor certification, instead of offering a National Interest Waiver, it is imperative to show that the prospective immigrant’s plans to work in the United States in an area of substantial intrinsic merit. In other words, the applicant must demonstrate that she or he will be providing work or service of significant benefit to the United States.
A National Interest Waiver form looks for applicants to demonstrate the apparent worth and utility of their proposed area of service, which can include a letter from the applicant and/or place of employment outlining the significance and importance of her or his work. The form may also come attached with a CV and accompanying articles and other media links, clips, etc. previously published that demonstrate the applicant’s value to her or his field. Lastly, letters of reference from colleagues in her or his field will also have traction when USCIS evaluations immigration paperwork.
National Impact of Candidate’s Work
Secondly, a successful National Interest Waiver demonstrates that the proposed impact of an applicant’s work will benefit the United States on a national level. For example, even though entrepreneurs work from and perhaps even serve a particular geographic region, a successful National Interest Waiver can demonstrate impact of goods or services on a national level. This may include articles, reports, and other media that demonstrate national scope of previous work, examples of licenses, contracts, and other agreements demonstrating scope of previous work, letters of reference from past and present employers and contractors speaking to the scope of previous work, and letters from experts in the field attesting to quality and scope of work. All of this should accompany the applicant’s CV.
Demonstrating Benefit to the U.S.
Lastly, a successful National Interest Waiver demonstrates how the applicant’s work will specifically benefit the United States workforce and economy. Naturally, the U.S. desires to ensure that working conditions, wages, and other economic and human interests are protected, and seeks only applicants for immigration who will join in benefiting the overall national work culture. Therefore, an EB-1 visa accompanied by a National Interest Waiver must demonstrate that an applicant has a greater margin of influence in her or his field above that of similarly qualified colleagues. In short, an applicant must demonstrate an ongoing record of prior achievements that show how the United States’ national interests will benefit in the future. For example, that welcoming an applicant may create jobs for United States workers and/or benefit the overall welfare of United States workers.
To submit a National Interest Waiver successfully rather than submitting Labor Certification usually includes the following as identified by USCIS:
- Links to or copies of published articles and other media that cite and recognize work-related achievements
- Links to or copies of grants and other funding received that lists both amount and terms of grants, principal investigators, co-investigators, and other pertinent information
- Links to or copies of documents that show how applicants work has been or is being currently implemented by others, including:
- Contracts with companies using applicants or applicant’s company’s goods or services
- Documentation of licensed technology that applicant or applicant’s company created or co-created, and how that technology is currently or has been used by others
- Patents and/or licenses awarded to applicant and/or applicant’s company with documentation showing how they are being used and why they are significant to field of work
Contact KPPB Law for Further Information
For more information about legal services related to EB-1 visa applications, National Interest Waiver forms, and other immigration needs, please contact KPPB Law by giving us a call or sending a message online to schedule a private consultation. KPPB Law can develop an effective strategy and portfolio that highlights your experienced background, special achievements, and other work-related connections that may result in creating a successful visa application.
Beeraj Patel, Esq.
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