Menu

EB2-NIW  FILING ASSISTANCE

Powered by NEWSTART CONSULTANCY LLC

Blog Posts

EB2-NIW -Advanced Degree Who is eligible

EB2-NIW Advanced Degree Eligibility

To meet the basic legal requirements for an EB-2(A) visa, the foreign national must have earned an advanced academic degree, such as a Master's, Ph.D., Juris Doctor (J.D. or law degree), or an M.D. (medicine).

However, the above advanced degree is not re…

Read more

Employment Letter

THIS IS A REGULATORY PRESCRIBED EVIDENCE.

A petitioner must prove that at the minimum, he/she has a qualifying 5 years of full-time experience in the occupation or field of endeavor.

In Administrative Appeals Office (AAO) decision Oct 18, 2022: (In Re: 22587070)  "The Acting Director considered …

Read more

"No Possibility of Approval in EB2-NIW Application

When the documentation initially submitted with the EB2-NIW application (I-140) was not sufficient to establish eligibility for the benefit sought, in most cases USCIS adjudicators were to issue RFEs and NOIDs requesting the missing documentation. The only cases exempt were those in which there was …

Read more

"No Possibility of Approval in EB2-NIW Application

When the documentation initially submitted with the EB2-NIW application (I-140) was not sufficient to establish eligibility for the benefit sought, in most cases USCIS adjudicators were to issue RFEs and NOIDs requesting the missing documentation. The only cases exempt were those in which there was “no possibility” of approval. This is under the 2018 USCIS updated policy memorandum.

Under this new policy,  adjudicators can deny an application simply for failure to establish eligibility in the initial filing to "discourage frivolous filings and skeletal applications," in order to prevent frivolous or meritless claims that t slow down processing for everyone, including legitimate petitioners. The new policy gives USCIS full discretion to adjudicating officers to deny incomplete and ineligible applications and petitions submitted for immigration benefits meaning USCIS may deny applications without issuing RFE or NOID. USCIS will continue issuing statutory denials when appropriate without first issuing an RFE or NOID when the applicant, petitioner, or requestor has no legal basis for the benefit/request sought.

 Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to:

Waiver applications  ( including EB2- NIW) submitted with little to no supporting evidence; or Cases where the regulations, the statute, or form instructions require the submission of an official document or another form of evidence establishing eligibility at the time of filing and there is no such submission.

 

Go Back

Comment

Blog Search

Blog Archive

Comments

There are currently no blog comments.