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By Ergul Celiksoy, Immigration Attorney at CK Law Firm
The H-1B visa is a gateway to opportunities for Turkish professionals aiming to build a career in the United States. However, there are specific considerations Turkish experts should keep in mind during this process. In this article, I will share insights into which occupations qualify for this visa and which are most quickly approved. Here are the topics I’ll be covering to help you successfully navigate your application:
- H-1B Visa: Your Key to Working in the U.S.
- Jobs You Can Work with an H-1B Visa
- H-1B Visa Basic Fees
- Working in the U.S. with an H-1B Visa: Advantages
I’ll address the above topics in detail, but if you have additional questions, feel free to ask in the comments section of this blog or reach out via our website. For inquiries on other topics, you can also connect with me directly on LinkedIn.
H-1B Visa: Your Key to Working in the U.S.
The H1B visa provides temporary work authorization for foreign professionals seeking employment in specialized fields in the United States. While it is most commonly associated with STEM fields (Science, Technology, Engineering, and Mathematics), it also offers opportunities in other sectors such as healthcare, finance, and academia.
How Long is the H-1B Visa Valid?
The question of how long the H-1B visa is valid is an important one, as it helps determine how long you can continue your career in the United States. Initially, the H-1B visa is issued for a period of three years. However, it can be extended up to six years when necessary. Additionally, you have the opportunity to transition your H-1B visa to a Green Card with the help of your sponsor, granting you permanent residency in the U.S.
Jobs You Can Work with an H-1B Visa
Knowing which professions qualify for the H-1B visa is crucial for navigating the application process effectively. Here are some of the key H-1B visa jobs:
1. Technology and Software Industry
One of the most in-demand fields in the U.S. is the technology sector. Key professions in this industry include:
- Software Engineer
- Data Scientist
- Artificial Intelligence Specialist
- Cybersecurity Analyst
Tech giants like Google, Amazon, and Microsoft hire thousands of professionals in technology-related fields annually through the H-1B visa program. For experts in these areas, building strong connections with these companies can significantly streamline the application process.
2. Engineering Fields
The demand for engineering professionals in the U.S. has grown due to infrastructure projects and industrial development. This provides opportunities for experts in engineering to apply for the H-1B visa. Key specialties in this field include:
- Chemical Engineer
- Electrical Engineer
- Mechanical Engineer
- Civil Engineer
3. Healthcare
The healthcare sector is one of the most critical industries in the U.S., as it is globally. This creates opportunities for healthcare professionals to apply for the H-1B visa. Key roles in this sector include:
- Doctors
- Nurses
- Biomedical Researchers
- Medical Technology Specialists
4. Finance and Business
International companies in the U.S. place significant value on skilled professionals in finance and business. Experts in these fields can secure opportunities to work in the U.S. through the H-1B visa. Prominent roles in this sector include:
- Financial Analyst
- Accounting Specialist
- Business Strategist
- Project Manager
5. Academic Fields
The U.S. is a global hub for academic and research projects, offering significant opportunities to professionals in these areas through the H-1B visa. Individuals with the following titles are particularly sought after:
- University Professors
- Research Assistants
- Academic Advisors
Which Professions Get Approved Faster?
Certain H-1B visa occupations are prioritized and receive approvals more quickly. Here are the professions and the reasons they often experience expedited processing:
- Software Developers and Data Scientists: The technology sector leads in H-1B visa approvals due to high demand.
- Healthcare Professionals: Doctors and nurses are prioritized because of the critical healthcare needs in the U.S.
- Engineers: Electrical and civil engineers often have high approval rates due to their vital role in infrastructure and development projects.
- Researchers: Professionals working in universities and private research institutions frequently benefit from expedited processing due to their contributions to academia and innovation.
H-1B Visa Basic Fees
The H-1B visa fees are primarily the responsibility of the employer. While applicants are expected to cover personal expenses, the official procedural costs are borne by the sponsoring employer. These costs include:
- Application Fee: $460
- Anti-Fraud Fee: $500
- Education and Workforce Fee: $750–$1,500 (varies based on employer size)
- Premium Processing Fee: $2,500 (optional for expedited processing)
Employers are legally prohibited from passing these costs onto the employee. Regulations clearly state that sponsors must cover these expenses. For a more detailed breakdown of H-1B visa cost, refer to our article, “How Much Does H-1B Visa Cost? (Detailed Pricing).”
Working in the U.S. with an H-1B Visa: Advantages
Holding an H-1B visa offers several benefits for professionals working in the United States, including:
- International Career Opportunities: Access to unparalleled opportunities in the global job market of the U.S.
- Family Accompaniment: H-1B visa holders can have their spouses and children join them in the U.S. under the H-4 visa.
- Professional Development: Extensive opportunities for academic and career growth.
The advantages of the H-1B visa go beyond these. It also allows you to apply for a Green Card. With employer support, you can begin the process to secure permanent residency while working legally in the U.S. Once you obtain a Green Card, you gain permanent residency and the ability to apply for U.S. citizenship.
In this article, I have explored key professions eligible for the H-1B visa. If you have any questions about this topic, feel free to leave a comment on this blog or contact us through the official CK Law Firm website. For discussions on specific topics, you can also reach out to me directly on LinkedIn.
Asım Kılınç, Immigration Attorney, CK Law Firm
With the H1B visa, professionals can take their expertise global and gain temporary work visa authorization in the United States. Designed specifically for individuals working in specialized fields, this visa can be obtained with proper planning and documentation. In this article, I will explore the following topics related to the H-1B visa:
- What is the H-1B Visa, and Who is It For?
- How to Obtain an H-1B Visa: Step-by-Step Process
- H-1B Visa Application Dates and Quotas
- Special Documents Required for the H-1B Visa
- What You Need to Know About Working with an H-1B Visa
If you have questions beyond these topics, feel free to reach out through the comments section of this blog or via the CK Law Firm official website. For personalized inquiries or consultancy services, you can also connect with me directly on LinkedIn.
What is the H-1B Visa, and Who is It For?
The H-1B visa is a temporary work visa designed for professionals seeking employment in specialized fields in the United States. It typically targets individuals working in areas requiring technical expertise or specialized knowledge, such as software development, engineering, medicine, and finance.
H-1B visa holders are initially granted a three-year work authorization in the U.S., which can be extended to a maximum of six years without reapplying. To qualify for an H-1B visa, you must have a job offer from a U.S.-based company that agrees to sponsor your application.
How to Obtain an H-1B Visa: Step-by-Step Process
Applying for an H-1B visa involves a series of procedures. By following the essential steps, you can secure a work visa and continue your professional journey in the United States. Here are the key steps in the process:
1. Secure a Job Offer from a U.S. Company
The first and most crucial step is obtaining a job offer from a U.S.-based company. The company will act as your sponsor, initiating the temporary work visa application process on your behalf. Therefore, securing a job offer is the starting point for applying for a work visa. For more details, you can refer to our article, “Guide to Finding an H-1B Visa Sponsor“
2. Obtain Labor Condition Application (LCA) Approval
Your employer must acquire an LCA from the U.S. Department of Labor. This document certifies that the job has been designed in a way that does not negatively impact U.S. workers and ensures fair conditions for the sponsored employee.
3. Prepare and Submit Form I-129
Your employer will file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS on your behalf to initiate the H-1B application process. This form includes details about your job offer, whether the position requires specialized knowledge, and the salary you will receive. Accurate and complete submission of this form is crucial for the success of your application.
4. Pay the Application Fees
The costs associated with the H-1B visa application are covered by your employer. These fees vary depending on the type of application but typically range from $750 to $4,500. The required H1B visa fees are:
- Application Fee: $460
- Anti-Fraud Fee: $500
- Education and Workforce Fee: $750–$1,500 (based on the size of the employer)
- Premium Processing Fee (optional): $2,500 (for expedited processing)
It is the employer’s responsibility to cover these costs, ensuring the application is filed correctly and promptly.
5. Attend the Consulate Interview
Once your application process is complete, you must attend an interview at the U.S. consulate. During the interview, you will be asked questions about your job offer, documentation, and the purpose of your visa. To ensure a smooth interview experience, it is essential to:
- Prepare all required documents thoroughly and ensure they are complete.
- Practice your responses to potential questions in advance.
Being well-prepared will increase your confidence and improve the chances of a successful interview.
H-1B Visa Application Dates and Quotas
The H-1B visa application period follows a specific annual timeline, typically starting in the first week of April. Applications remain open until the predetermined cap is reached. The U.S. allocates its annual H-1B visa cap to accommodate 85,000 professionals, distributed as follows:
- 65,000 Visas: Reserved for standard applications.
- 20,000 Visas: Allocated for applicants holding a master’s degree or higher.
Due to the rapid filling of these quotas, it is crucial to submit your application as early as possible. Additionally, ensuring that all required preparations are completed before the application period begins is essential for a smooth and timely submission.
Special Documents Required for the H-1B Visa
Preparing the special documents is a critical part of the H-1B visa application process. Missing or incomplete documentation can result in delays or even denial of your visa. To avoid such issues, ensure the following documents are ready:
- Passport: A valid passport that has not expired.
- Diploma and Academic Transcripts: Graduation certificate and transcripts from your educational institution.
- Employer Offer Letter: A formal document detailing the job offer provided by your employer.
- LCA (Labor Condition Application): An approved certification obtained by the employer.
- Form I-129: The primary form used for the H-1B visa application process.
- Photograph: A biometric photo meeting U.S. visa standards.
Foreign professionals must ensure that their documents are accompanied by notarized English translations. Therefore, it is essential that all your documents are prepared in English to meet the H-1B visa application requirements.
What You Need to Know About Working with an H-1B Visa
As an H-1B visa holder, you are legally authorized to work in the United States and, under certain circumstances, you can transition your visa to a Green Card. Additionally, your spouse and children can accompany you to the U.S. on an H-4 visa. Beyond this, the H-1B visa provides several other benefits:
- Protection of employee rights.
- The ability to change employers under specific conditions.
- Opportunities for academic and professional development.
The H-1B visa is a valuable opportunity for individuals aiming to build a career in the U.S. However, completing this process successfully requires careful planning. With the right documents, a qualified employer, and timely submission, you can obtain a temporary work visa.
If you have any questions, feel free to leave a comment below this blog or contact us through our website. For personalized inquiries or to benefit from my consultancy services, you can also connect with me on LinkedIn.
By Asim Kilinc, Immigration Attorney at CK Law Firm
The E2 visa offers a unique opportunity for entrepreneurs who want to establish a business in the United States through investment. This type of visa is available to citizens of countries that have a trade agreement with the U.S. and is ideal for those who wish to start a business or invest in an existing one. However, there are specific requirements to apply for this visa, with the “required investment amount” being one of the most critical factors. In this article, I will address the most frequently asked questions about the required investment amount for an E2 visa. By reading this article, you will find answers to the following questions:
- What is an E2 Visa?
- How Much Should the Required Investment Amount Be for an E2 Visa?
- What Does It Mean for the Investment to Be “Substantial”?
- What Are the Requirements for the Source of the Investment and How Should the Investment Be Made?
- The Condition that the Investment Must Be Irrevocable
- E2 Visa and Business Plan
- Other Considerations for Obtaining an E2 Visa
If you have any additional questions about the E2 Investor visa type, please do not hesitate to contact me through the comment section below this article, send me a direct message via LinkedIn, or reach out through the website of CK Law Firm, where I am a founding partner.
What is an E2 Visa?
The E2 visa is a temporary visa granted to citizens of countries that have a trade agreement with the United States. This visa type is designed for entrepreneurs who wish to start a business or invest in an existing business in the U.S. The E2 visa allows the investor and their family to live and work in the United States. The visa can be renewed as long as the investment continues, providing entrepreneurs with a long-term opportunity to stay in the U.S.
How Much Should the Required Investment Amount Be for an E2 Visa?
The investment amount for an E2 visa is not defined by a specific minimum threshold. Instead, the investment must be “substantial.” This means that the investment must be significant enough based on the type and size of the business being applied for. However, generally speaking, an investment amount between $100,000 and $200,000 USD is often considered sufficient. For smaller-scale businesses, these amounts may be lower, while larger-scale investments may require more substantial funds.
What Does It Mean for the Investment to Be “Substantial”?
The concept of a “substantial investment” means that the investor must put their capital at risk and that this investment must be sufficient for the business to succeed. While the United States Citizenship and Immigration Services (USCIS) does not set a specific lower limit, they require that the investment be at a level that supports the business’s sustainability and growth. For example, $50,000 might be sufficient to open a small restaurant, while a major investment in the technology sector could require several million dollars.
What Are the Requirements for the Source of the Investment and How Should the Investment Be Made?
The investment made for an E2 visa must come from a lawful source, and this source must be documented appropriately. The way the investor obtained their capital and whether this capital is legally obtained will be scrutinized carefully. Bank statements, real estate sales documents, inheritance documents, or other legally earned income sources can be used to document the source of the investment.
The investment must be directed towards an active business operating in the U.S. This means that the capital must be invested directly into the business, and the investor must assume the risk over this capital. Expenses such as business costs, equipment purchases, and employee salaries are considered active investments. However, holding the investment in a bank account would not be considered a valid investment for an E2 visa.
The Condition that the Investment Must Be Irrevocable
An investor applying for an E2 visa must ensure that their investment is irrevocable. This means that the investment is genuinely used in the business and that the investor has assumed the risk over this capital. If the investment fails, the investor may not be able to recover this money. Therefore, it is crucial to plan the investment carefully and thoroughly research the area where the investment will be made.
E2 Visa and Business Plan
A detailed business plan is a critical part of the E2 visa application. This business plan must explain how the investment will be used, how the business will generate profit, and how the investor will manage the business. The business plan must also demonstrate the growth potential of the business and prove that the investor will play an active role in the business. The USCIS carefully reviews the business plan to assess the likelihood of success for the investment and the business.
Other Considerations for Obtaining an E2 Visa
- Citizenship: To apply for an E2 visa, the applicant must be a citizen of a country that has a trade agreement with the United States.
- Investor Role: The investor must play an active role in the business, which should be decisive in the management and decision-making processes of the business.
- Employment Creation: The business must create jobs in the U.S. and support the livelihoods of others besides the investor and their family. A business that only serves the investor and their family may not be considered eligible for an E2 visa.
Conclusion
The E2 visa offers a unique opportunity for entrepreneurs who want to start a business or invest in an existing business in the United States. However, when applying for this visa, the investment amount must be carefully determined, and the investment must be irrevocable, active, and substantial. Investors applying for an E2 visa should prepare a detailed business plan and manage this process professionally. Due to the complexity of the process and legal requirements, seeking support from an immigration lawyer may be beneficial. Don’t hesitate to contact me through the CK Law Firm Immigration Law Firm website, by email at info@cklawfirm.org, or directly via LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
By Asim Kilinc, Immigration Attorney at CK Law Firm
EB-2 and EB-3 visas are essential options for foreign workers wishing to immigrate permanently to the United States. Since these visas require employer sponsorship, obtaining a PERM Labor Certification at the beginning of the process is mandatory. The PERM process is overseen by the U.S. Department of Labor and requires the employer to prove that there are no qualified U.S. workers available for the position. This process can be complex for both employers and applicants, making it crucial to carefully follow all steps.
In this article, we will address the following topics:
- Differences Between EB-2 and EB-3 Visas
- How to File a PERM Application
- Steps After PERM Approval
- Why Is the PERM Process Important?
If you have additional questions about this topic, feel free to leave a comment below, send me a direct message via LinkedIn, or reach out through the website of CK Law Firm, the immigration law firm I co-founded!
Differences Between EB-2 and EB-3 Visas
The EB-2 visa is typically suitable for individuals with advanced degrees or those who demonstrate exceptional ability in a particular field. Applicants must have at least a master’s degree or a bachelor’s degree with 5 years of relevant work experience.
The EB-3 visa, on the other hand, caters to a broader range of qualifications. Professionals, skilled workers, and unskilled workers can apply under this category. The minimum requirement is a high school diploma or two years of work experience.
Once you determine which visa suits you best, the necessary steps for the PERM application process can begin.
How to File a PERM Application?
Defining the Job Description and Requirements
The employer must detail the requirements of the job position that will serve as the foundation of the application. These requirements include the education level, work experience, and specific skills needed. For instance, EB-2 applications generally demand advanced qualifications, while EB-3 applications require more basic criteria. The employer’s specified criteria form the basis for evaluating the eligibility of U.S. workers during the labor market test phase.
Testing the Labor Market (Recruitment Process)
A critical step in the PERM process is the labor market test, where the employer demonstrates whether a suitable U.S. citizen or green card holder is available to fill the position. During this stage:
- Job advertisements are posted in local newspapers, job boards, and professional job platforms.
- Applications received during the recruitment process are reviewed, and interviews are conducted with qualified candidates.
- If no qualified U.S. citizen can be found for the position, the employer must document this evidence to proceed with the PERM application.
Filling and Submitting ETA Form 9089
After the labor market test, the employer submits the PERM application to the Department of Labor. This application details the job requirements, labor market test results, and the applicant’s qualifications. ETA Form 9089 is the cornerstone of the application process and must be filled out accurately and completely to ensure the process proceeds smoothly. Errors or omissions can result in denial or delays in the application.
Steps After PERM Approval
Obtaining PERM certification does not conclude the process; it only allows the next stage to begin.
Filing Form I-140
After PERM approval, the employer submits the I-140 Immigrant Petition to USCIS (United States Citizenship and Immigration Services) on behalf of the applicant. In this petition, the employer must demonstrate that the applicant qualifies for the position and that the employer can pay the specified wage.
Priority Date and Waiting Time
The “priority date” is a crucial factor in EB-2 and EB-3 PERM applications. This date, which corresponds to the submission date of the PERM application to the Department of Labor, determines how long the applicant must wait to receive a green card. The priority date is evaluated according to the Visa Bulletin published each year.
Completing the Green Card Process
When the priority date becomes current, applicants have two options:
- Adjustment of Status (Form I-485): If the applicant resides in the U.S., they can adjust their status to permanent residency (green card).
- Consular Processing: Applicants outside the U.S. can complete the green card application process through the U.S. Consulate in their home country.
Why Is the PERM Process Important?
The PERM process ensures that employers and applicants comply with U.S. labor market protection laws. Due to the complexity of the process and the sensitivity of the details involved, seeking expert legal assistance is highly recommended.
At CK Law Firm, our experienced team specializes in EB-2 and EB-3 PERM applications. From labor certification to completing the green card process, we provide comprehensive support at every step. For detailed information, contact us and take the next step toward your new life in the U.S.!
For professional assistance, detailed information, and consultancy services, reach out via our website cklawfirm.org, email us at info@cklawfirm.org, or connect with us on LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
Asım Kılınç, Immigration Attorney, CK Law Firm
The EB-2 visa is one of the most popular immigration pathways for highly skilled professionals, those with advanced degrees, and individuals demonstrating exceptional abilities in fields like science, business, or the arts. However, despite its appeal, the approval process for EB-2 petitions, particularly those with a National Interest Waiver (NIW), can be complex and subject to significant scrutiny. In this blog, we’ll explore what influences EB-2 approval rates, the challenges applicants face, and how to maximize your chances of success.
Below are the key topics we will cover:
- What is EB-2 and Who Qualifies?
- Key Factors Influencing EB-2 Approval Rates
- Trends in EB-2 Approval Rates
- What Can You Do to Improve Your Chances?
If you have any additional questions or concerns outside the scope of these topics, feel free to reach out via our website. For more personalized inquiries, don’t hesitate to connect with me on LinkedIn. Enjoy reading!
What is EB-2 and Who Qualifies?
The EB-2 visa is an employment-based green card category for foreign nationals who:
- Have an advanced degree (beyond a baccalaureate degree), or
- Possess exceptional ability in their field (e.g., sciences, arts, business).
One of the advantages of the EB-2 category is its relatively faster processing time compared to other employment-based green cards, such as EB-3. However, the application process is competitive and requires applicants to meet specific eligibility standards. For those applying under the National Interest Waiver (NIW), applicants do not need a job offer, but they must prove that their work is of significant benefit to the United States.
Key Factors Influencing EB-2 Approval Rates
- Strong Evidence of Qualifications: One of the key factors in determining your EB-2 approval rate is the strength of your qualifications. For standard EB-2 applicants, you need to provide proof of your advanced degree or exceptional ability in your field. If you are applying under the EB-2 NIW, you must present evidence that your work is of national importance and will benefit the U.S. in a significant way.
- Complete and Well-Documented Application: An incomplete or poorly documented application can lower your chances of approval. It’s crucial to provide all required documentation, including academic records, letters of recommendation, proof of exceptional ability, and any other relevant supporting materials.
- Strong Legal Representation: Hiring experienced immigration attorneys who understand the intricacies of the EB-2 process can improve your approval odds. Skilled lawyers can help prepare a compelling case, address potential challenges, and guide you through the complex application process.
- Petition Type (EB-2 vs. EB-2 NIW): While both visa types are part of the EB-2 category, the approval rates for the EB-2 NIW can differ due to the nature of the petition. The EB-2 standard visa requires a job offer and labor certification, while the EB-2 NIW offers flexibility but comes with a higher burden of proof to demonstrate national interest.
Trends in EB-2 Approval Rates
Approval rates for EB-2 petitions, particularly those under the NIW subcategory, have been subject to shifts due to increasing competition and changes in how USCIS evaluates applications. Historically, the EB-2 has had a relatively higher approval rate compared to other visa categories. However, recent data indicates that the approval rate for both regular EB-2 and NIW petitions has declined slightly in recent years.
In FY 2024, the USCIS has focused on more stringent review processes, leading to higher rejection rates for cases with weak evidence or unclear arguments about national interest. This trend underlines the need for applicants to submit robust and well-documented petitions that fully meet the visa criteria.
What Can You Do to Improve Your Chances?
If you’re applying for an EB-2 visa, here are a few steps you can take to improve your chances of success:
1. Thoroughly Document Your Case
The foundation of a successful EB-2 application is comprehensive and well-organized documentation. Whether applying under the advanced degree or exceptional ability category, you need to present clear and convincing evidence of your qualifications. If you are applying under the NIW, ensure you can articulate exactly how your work benefits the U.S. national interest.
2. Seek Professional Guidance
Given the complexities of the EB-2 process, working with an immigration attorney or professional who specializes in employment-based visas is highly recommended. An experienced attorney can help you navigate the application process, ensuring that all documentation is in order and presenting your case in the best possible light.
3. Prepare a Strong National Interest Case
For NIW applicants, your case for national interest must be solid. Be prepared to demonstrate how your work will positively impact U.S. interests, such as improving healthcare, advancing scientific research, or contributing to the national economy. Strong letters of recommendation from respected experts in your field can also strengthen your case.
4. Stay Updated on USCIS Trends
USCIS approval rates can change year by year, and staying informed about trends in immigration policy and processing times is key. By being aware of current statistics and adjusting your petition accordingly, you can better align your application with USCIS expectations.
The EB-2 visa remains a vital immigration path for highly skilled professionals, but approval rates can fluctuate due to stricter scrutiny by USCIS. To maximize your chances of success, it is essential to submit a well-documented petition, particularly if applying under the National Interest Waiver. By understanding the factors that influence EB-2 approval rates and preparing a strong case, you can significantly improve your chances of obtaining a U.S. green card.
For additional support or personalized assistance, feel free to reach out via the CK Law Firm official website, or connect with me on LinkedIn for more personalized guidance.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
The EB-2 National Interest Waiver (NIW) is a significant opportunity for individuals with advanced degrees or exceptional abilities to obtain permanent residency in the United States. Unlike other employment-based visas, the NIW allows applicants to bypass the labor certification process if they can demonstrate that their work is in the national interest. Central to this process is the “Three-Prong Test” established by the 2016 Matter of Dhanasar decision. Here are the topics I will cover in our blog:
- What is the EB-2 National Interest Waiver (NIW)?
- Understanding the Three-Prong Test
- Key Strategies for a Successful EB-2 NIW Petition
- Why the Three-Prong Test Matters
While answering these questions, I will also cover the related sub-headings of interest. However, as with any visa application, you can visit the official website of CK Law Firm for professional support with your E2 visa application. Additionally, feel free to connect with me anytime via my LinkedIn account.
What is the EB-2 National Interest Waiver (NIW)?
The EB-2 NIW is part of the employment-based second preference (EB-2) visa category. It provides a pathway for individuals to self-petition for a green card without needing a specific job offer or employer sponsorship. The key requirement is proving that waiving the job offer and labor certification is in the best interest of the United States.
To qualify, applicants must pass the EB-2 NIW Three Prongs Test, which assesses the merit and national importance of their proposed work.
Understanding the Three-Prong Test
The EB-2 NIW Three Prongs Test is the core evaluation framework used by the United States Citizenship and Immigration Services (USCIS) to assess EB-2 NIW petitions. Introduced in the Matter of Dhanasar case in 2016, this test outlines three critical criteria that applicants must meet to qualify for a National Interest Waiver. Each prong is designed to determine whether the applicant’s work is valuable enough to bypass the standard labor certification process. Let’s break down each prong in detail.
1. Substantial Merit and National Importance
Applicants must show that their proposed endeavor has significant value and benefits the United States. This can apply to a wide range of fields, including:
- Science and technology
- Business and entrepreneurship
- Health and medicine
- Culture and education
The endeavor should go beyond local or regional impacts and demonstrate a broader national benefit.
Example: A researcher working on renewable energy technologies that reduce carbon emissions and enhance energy independence.
2. Well-Positioned to Advance the Proposed Endeavor
The applicant must prove they have the skills, experience, and resources to advance their proposed work successfully. Evidence for this prong may include:
- Educational qualifications
- Professional achievements
- Relevant work experience
- Letters of recommendation
- A detailed plan outlining how the work will be carried out
Example: An entrepreneur with a track record of successful startups proposing to develop a new cybersecurity platform addressing national security concerns.
3. The Benefit of Waiving the Job Offer and Labor Certification
The final prong requires demonstrating that it would be in the United States’ best interest to waive the usual job offer and labor certification requirements. This could apply if the applicant’s work is so valuable or urgent that the traditional hiring process would hinder its progress.
Example: A public health expert developing innovative solutions to combat infectious diseases, where the immediacy and importance of the work make a job offer impractical.
Key Strategies for a Successful EB-2 NIW Petition
- Provide Comprehensive Evidence: Support each prong with strong documentation, including publications, awards, and expert letters.
- Highlight National Impact: Emphasize how the endeavor benefits the country as a whole.
- Demonstrate Unique Qualifications: Showcase the applicant’s distinctive skills and their ability to drive meaningful progress.
Why the Three-Prong Test Matters
Successfully meeting the Three-Prong Test criteria allows applicants to bypass the labor certification process, reducing delays and providing more autonomy in shaping their professional path. By carefully preparing evidence and articulating the national importance of their work, applicants can strengthen their case for an EB-2 NIW approval.
If you are considering applying for an EB-2 NIW, understanding the Three-Prong Test is crucial. With thorough preparation and clear documentation, you can make a compelling case for why your work serves the national interest and deserves a waiver of traditional employment-based requirements.
If you want to navigate the complexities of the EB-2 NIW process smoothly and increase your chances of approval, feel free to contact us via the official website of CK Law Firm. You can also reach out to me directly on my LinkedIn account for personalized assistance and further guidance.
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