Potential Jobs for EB2 NIW
In order for an applicant to be eligible to file an EB2 NIW petition with the USCIS, he/she must have an “advanced degree or “exceptional ability” in the sciences, arts, or business. In addition to this criterion, the applicant needs to be able to demonstrate that employment is being sought out in an area of substantial intrinsic merit to the United States. Fortunately, this is actually quite basic in proving to the USCIS. Virtually all jobs that exist provide some form of intrinsic value to the national interest that can be applied on a national scale. An excellent example of a normal job that falls under this category would be a highway engineer. In this example, the engineer would work exclusively designing and repairing certain parts of the freeway connecting Northern Los Angeles to the South Bay counties. Here, it can be successfully argued that the work this employment completed affected the national transportation for countless Los Angeles civilians travelling to and from the city every day. And because all the freeways in the United States are linked together into one large network, all of the United States benefited from this employment.
Every single NIW application is judged on the applicant’s individual merits, however the ultimate burden of proof always lies on the applicant himself to establish that a labor certification would be unnecessary. The entire labor certification process exists in order to protect the jobs and opportunities for workers already living in the United States that have similar qualifications. In order to battle this dilemma, the UCSIS requires that every applicant demonstrate why he or she would serve the national interest of the United States substantially greater than that of a U.S. worker with the same minimum background.
Unfortunately, these and many other small hurdles can be quite time consuming and difficult without a properly experienced immigration attorney. Here at Buda Law Group, our team works diligently to ensure that the application is prepared in full and looking its absolute best before being sent off to the USCIS.
If any further questions exist, they will gladly be answered by the team here at Buda Law Group.
Thank You,John B. Buda, Esq. www.budalawgroup.net
office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405