Thank you so much, Oscar, for the step by step into what not to do's. You have presented to us the most complete guide to this complex process, your channel is one of those rarest finds on TH-cam ☺️
This is interesting! I am airline pilot. I already have a job offer here in the USA. All the media talks about the pilot shortage, this agency blocks pilots from coming into USA. I don’t know how I should proceed with my petition, because my reporting day for the new job is near.
Did you apply? That's the first step. And focus on your qualifications and endeavor and not the shortage of workers...that's not enough to get this approved . Good luck
Hi Oscar. I received Request for Evidence from USCIS that I need labor certification. I’m just confused why they need that if it’s not requirement. It’s just sad how they have different decisions.
This pilot case is one of those that had bad LUCK with the Official that got his case. Although ONE of the requirements is to have a salary above average, the others should be enough, they should noy claim an extra requiremnt to disqualify the already met ones. Several airlines pilots are being approved on EB2-NIW due the lack of these professionals in the USA, and although it is required to meet the competence to develope the function, no pilot has the requirement to be a TOP GUN MAVERICK, or someone very exceptionally skilled or better than the others - this concept even does not apply for pilots, that is not a competitive profession and is based on average market salaries that companies offer (why a pilot would have a salary significantly above the average?). And he even had optional courses that are not required for most pilots, but they required a distintion that makes non sense. This demonstrates how many officials are not prepared to evaluate some areas they do not know about, and how the LUCK or not to fall on one of these may be more determinant to your case than your own skills or how you developed your petition.
Agree with most of it but keep in mind labor shortage is NOT the way to argue the NIW petition, it is well known that USCIS doesn't like that and will most likely trigger an RFE. I would never make it the primary argument of a case
Hi Oscar, I started following you for just few months. Thanks for informative videos . I have questions; I completed bachelor in Finance, Master’s in Hospitality and Tourism Management. Now, working in Chemical Manufacturing company as a Project Manager, Overseas Sales Team, for two years. Do you think I am eligible for EB2 NIW even though my job is slightly different than my Master’s degree?
Thank you Oscar for great summary and opinion. One out of topic question. Do we need to submit to USCIS any online copy (I-140 or other) from abroad in addition to hard copy of the application package? Thank you for your feedback in advance.
Hi Nijat, thanks for your comment! As of now, there is no electronic document to be filed during the I-140 petition (and it is exactly the same for petitioners from US or abroad). For this category it is still paper-based completely. This may change in the future but nothing has been announced yet in this regard.
Good work but I cant much about NIW consular interview mine is in 2 days. Cant find much info re visa ofgicer questions. Any help will be appreciated. Regards
you should be ready to respond to questions related to your petition and if married, they may ask about that too. Nothing crazy. Congratulations on your approval and let me know how the interview goes
Hello Oscar, what about the topic with foregin Bachelor degree? I heard that in the USA there is a 4 year Bachelor. In Europe especially in Germany all Engineer Bachelor Degrees take 3,5 years. Can be here a problem? Thank you and the rest of community for answer .
I am an MBA candidate, with 5 years experience, currently working full time on F1 CPT. I will be graduated on June 2023 or December 2023 based on my preference. My current company have applied for H1B this March for me. However, I am considering to apply for EB-2 NIW. Can you help me through the process and I pay? Thanks.
Hey Oscar, if I want to use some of the projects I've launched in the past to showcase my contribution to this field, is there any time limit on the project launch date? Do we have to use evidence within the past 3 years?
Thanks, Oscar! I am wondering if a person with a 4 year old PhD and more than 230 citations would be denied. I know it is a hard question but would like to hear your views.
Lovely video Oscar. I have a question regarding the adjustment of status. If my petition is approved while I am in the US, but my dates are not current, can I travel back to my country and come back with family when the dates are current or will I have to stay in USA for the whole period?
Hola Oscar! Descargué tu e-book, está muy completo. Tengo una duda, para justificar la importancia nacional y el mérito substancial del endeavor se hace referencia sólo a experiencia posterior, en mi caso, al doctorado? Es decir, si tengo otra experiencia laboral que pudiera servir de apoyo cuando aún no lo estudiaba la puedo mencionar o me limito a sólo lo posterior? Muchas gracias por tu apoyo!
@@jessicadavalos5710 la importancia y mérito se refieren al endeavor, no a tu experiencia . El foco se debe poner en el endeavor mismo y de como beneficia a USA. Pero para demostrar que estás bien posicionada puedes usar toda la experiencia que tenga que ver con el endeavor, no sólo la posterior al doctorado. Saludos
Gracias Oscar por todos los videos. Son de gran ayuda. Estoy un poco perdida en relación a donde encontrar esos casos y donde encontrar problemas que necesitan solución, puedes por favor referirme algunas paginas que me puedan ayudar? Gracias!
I'm an Industrial Engineer, looking to develop a business in real estate. So... link my degree to my experience (real estate development) and to my endeavor, which is developing affordable housing. Be explicit! -noted! Provide context to my abilities or achievements to demonstrate the are above average -noted! Thanks a lot! and thanks for showing me that cases can be consulted :)
Ohh wow! The airline pilot got denied just because he is not above the ordinarily encountered in the sciences ,arts or business. The USCIS in his case forgot that the EB2 NIW is made for a cases with national problem (in this case shortage of airlines pilot) and not as talent reality show!. If he had 3 items of 204.5(k)3(ii) he has exceptional ability in the sciences, arts, or business, by the book!.
Not really. You don't necessary need to get approved for checking the boxes because the officer will perform an overall evaluation of your profile to determine if you are worthy of the waiver. It's a common misconception to think you have "right" to the green card . You don't.
@@OscarsGreenCard The officer need to follow a specific criteria, laws and regulation. And not by his own opinion(In this case he need to defined ordinarily encountered). This is why reg and other laws exists!.
@@jamesmac6102 one thing is what you or I wished it was, another one is how it actually is. Read the policy manual and you will understand the two part approach, which is part of the regulations . It's because of this that even upon appeal the case was dismissed
@OscarsGreenCard but some pilots have been approved and some were refused like this particular case , mind you some with same background , it’s end of the day USCIS officers decision I guess
That’s where you’re wrong - the NIW is not for shortage of workers. That’s what the PERM is for. For the NIW, you need to show that even with enough workers in the Us, it is still worth it for the country to have you. That’s why you need to show you’re better than the ordinary worker
hello oscar I have MBA In Finance degree and have 15 years Progresive job experiences in digital payments whic category is best for me Advanced degree or exceptional ability am eligible
@OscarsGreenCard I have 5000 salary more than my other same grade teacher as an extra qualification allowance... Can it be shown as higher remuneration for exceptional ability?
Thank you so much, Oscar, for the step by step into what not to do's. You have presented to us the most complete guide to this complex process, your channel is one of those rarest finds on TH-cam ☺️
Thank you Marta! I appreciate your kind words. In the coming weeks I will have another episode of this series
✅ Link to EB2 NIW online course payhip.com/b/gfuRU
Thank you for step by step analysis. This is the best TH-cam channel by far when it comes to EB2NIW. You're always right on.
Thank you :) I am glad it is helpful
This is interesting! I am airline pilot. I already have a job offer here in the USA. All the media talks about the pilot shortage, this agency blocks pilots from coming into USA. I don’t know how I should proceed with my petition, because my reporting day for the new job is near.
Did you apply? That's the first step. And focus on your qualifications and endeavor and not the shortage of workers...that's not enough to get this approved . Good luck
Thanks for this valuable information! Only you need to change one downloadble file, because the two of them are the same (police officer file) 😅
ah! you are very right...thanks for catching that. I have updated the link for Case 2 (pilot)
Hi Oscar. I received Request for Evidence from USCIS that I need labor certification. I’m just confused why they need that if it’s not requirement. It’s just sad how they have different decisions.
th-cam.com/video/Xcbp4NJFJic/w-d-xo.html
This pilot case is one of those that had bad LUCK with the Official that got his case. Although ONE of the requirements is to have a salary above average, the others should be enough, they should noy claim an extra requiremnt to disqualify the already met ones. Several airlines pilots are being approved on EB2-NIW due the lack of these professionals in the USA, and although it is required to meet the competence to develope the function, no pilot has the requirement to be a TOP GUN MAVERICK, or someone very exceptionally skilled or better than the others - this concept even does not apply for pilots, that is not a competitive profession and is based on average market salaries that companies offer (why a pilot would have a salary significantly above the average?). And he even had optional courses that are not required for most pilots, but they required a distintion that makes non sense. This demonstrates how many officials are not prepared to evaluate some areas they do not know about, and how the LUCK or not to fall on one of these may be more determinant to your case than your own skills or how you developed your petition.
Agree with most of it but keep in mind labor shortage is NOT the way to argue the NIW petition, it is well known that USCIS doesn't like that and will most likely trigger an RFE. I would never make it the primary argument of a case
What is the best way to prove salary above average for a foreign country?
Oscar ... another excellent presentation! Thank you so much!
Thanks!
Hi Oscar, I started following you for just few months. Thanks for informative videos .
I have questions; I completed bachelor in Finance, Master’s in Hospitality and Tourism Management. Now, working in Chemical Manufacturing company as a Project Manager, Overseas Sales Team, for two years. Do you think I am eligible for EB2 NIW even though my job is slightly different than my Master’s degree?
Hi! I don't provide evaluations
Thank you Oscar for great summary and opinion.
One out of topic question. Do we need to submit to USCIS any online copy (I-140 or other) from abroad in addition to hard copy of the application package? Thank you for your feedback in advance.
Hi Nijat, thanks for your comment! As of now, there is no electronic document to be filed during the I-140 petition (and it is exactly the same for petitioners from US or abroad). For this category it is still paper-based completely. This may change in the future but nothing has been announced yet in this regard.
Thank you very much indeed for the feedback. Really appreciate it.
Good work but I cant much about NIW consular interview mine is in 2 days. Cant find much info re visa ofgicer questions.
Any help will be appreciated. Regards
you should be ready to respond to questions related to your petition and if married, they may ask about that too. Nothing crazy. Congratulations on your approval and let me know how the interview goes
Hello Oscar, what about the topic with foregin Bachelor degree? I heard that in the USA there is a 4 year Bachelor. In Europe especially in Germany all Engineer Bachelor Degrees take 3,5 years. Can be here a problem? Thank you and the rest of community for answer .
Hi! Best thing is to get the degree evaluated so you can be certain . Watch this video th-cam.com/video/YEMLPmlZljE/w-d-xo.html
I am an MBA candidate, with 5 years experience, currently working full time on F1 CPT. I will be graduated on June 2023 or December 2023 based on my preference. My current company have applied for H1B this March for me. However, I am considering to apply for EB-2 NIW. Can you help me through the process and I pay? Thanks.
You can check out my website for the materials I offer, and my course. Good luck
Hey Oscar, if I want to use some of the projects I've launched in the past to showcase my contribution to this field, is there any time limit on the project launch date? Do we have to use evidence within the past 3 years?
There's nothing about three years, but I like to present evidence that isn't super old . It depends on your case really
Thanks, Oscar! I am wondering if a person with a 4 year old PhD and more than 230 citations would be denied.
I know it is a hard question but would like to hear your views.
No one can answer that because an approval or denial depends on the overall petition package quality
Lovely video Oscar. I have a question regarding the adjustment of status. If my petition is approved while I am in the US, but my dates are not current, can I travel back to my country and come back with family when the dates are current or will I have to stay in USA for the whole period?
That is not advisable. You can consult a lawyer about it before doing something like that
@@OscarsGreenCard Can you suggest some lawyers who specialize in EB2 NIW cases.
@@aneekbawla i can't because I didn't use lawyers . Some popular lawyers I heard good things about are Gallagher Domanski and Chen Immigration
thanks for this video!
You're welcome!
Hola Oscar! Descargué tu e-book, está muy completo. Tengo una duda, para justificar la importancia nacional y el mérito substancial del endeavor se hace referencia sólo a experiencia posterior, en mi caso, al doctorado? Es decir, si tengo otra experiencia laboral que pudiera servir de apoyo cuando aún no lo estudiaba la puedo mencionar o me limito a sólo lo posterior? Muchas gracias por tu apoyo!
Hola Jéssica, encantado de saber de ti. A que te refieres con posterior? Posterior a qué?
@@OscarsGreenCard Muchas gracias Oscar, igualmente. Posterior a mis estudios de doctorado.
@@jessicadavalos5710 la importancia y mérito se refieren al endeavor, no a tu experiencia . El foco se debe poner en el endeavor mismo y de como beneficia a USA. Pero para demostrar que estás bien posicionada puedes usar toda la experiencia que tenga que ver con el endeavor, no sólo la posterior al doctorado. Saludos
@@OscarsGreenCard entiendo, te agradezco mucho! Saludos!!
Thanks for the information very useful ❤
you're welcome!
Thank you for the information ❤
you're welcome!
Gracias Oscar por todos los videos. Son de gran ayuda. Estoy un poco perdida en relación a donde encontrar esos casos y donde encontrar problemas que necesitan solución, puedes por favor referirme algunas paginas que me puedan ayudar? Gracias!
Hola! Al final del segundo episodio de Failed cases te cuento cómo encontrarlos: th-cam.com/video/3O_2x-lLN0s/w-d-xo.html
I'm an Industrial Engineer, looking to develop a business in real estate. So... link my degree to my experience (real estate development) and to my endeavor, which is developing affordable housing. Be explicit! -noted!
Provide context to my abilities or achievements to demonstrate the are above average -noted!
Thanks a lot! and thanks for showing me that cases can be consulted :)
of course! you are welcome. There is a big repository on these appeals in the AAO office, it's always good to take a look
Very informative 👍👍👍👍
Thanks
hi oscar quick question, is it alright if I submit my whole research paper to uscis?
yes, you can, but you can also submit the cover page where the author list and abstract are.
You are awesome thanks 🙏🏼
Thanks!!
For EB-2 NIW package does someone need to evaluate foreign degrees or not ?
Yes if you degree is foreign
Where can I see this documents.?
I left the links in the comment section
Ohh wow! The airline pilot got denied just because he is not above the ordinarily encountered in the sciences ,arts or business. The USCIS in his case forgot that the EB2 NIW is made for a cases with national problem (in this case shortage of airlines pilot) and not as talent reality show!. If he had 3 items of 204.5(k)3(ii) he has exceptional ability in the sciences, arts, or business, by the book!.
Not really. You don't necessary need to get approved for checking the boxes because the officer will perform an overall evaluation of your profile to determine if you are worthy of the waiver. It's a common misconception to think you have "right" to the green card . You don't.
@@OscarsGreenCard The officer need to follow a specific criteria, laws and regulation. And not by his own opinion(In this case he need to defined ordinarily encountered). This is why reg and other laws exists!.
@@jamesmac6102 one thing is what you or I wished it was, another one is how it actually is. Read the policy manual and you will understand the two part approach, which is part of the regulations . It's because of this that even upon appeal the case was dismissed
@OscarsGreenCard but some pilots have been approved and some were refused like this particular case , mind you some with same background , it’s end of the day USCIS officers decision I guess
That’s where you’re wrong - the NIW is not for shortage of workers. That’s what the PERM is for. For the NIW, you need to show that even with enough workers in the Us, it is still worth it for the country to have you. That’s why you need to show you’re better than the ordinary worker
Salary criteria?? What is it
higher remmuneration compared to others in your field of endeavor, it's one of the exceptional ability criteria
Dear Oscar could please help me with my case ?
check out eb2niw.info for resources. I don't do preparation of cases
hello oscar I have MBA In Finance degree and have 15 years Progresive job experiences in digital payments whic category is best for me Advanced degree or exceptional ability am eligible
Advanced degree
thank you
@OscarsGreenCard
I have 5000 salary more than my other same grade teacher as an extra qualification allowance...
Can it be shown as higher remuneration for exceptional ability?
@@Hussnain242 if it establishes you earn more than your peers because of your exceptional ability, it may work
Nice new haircut.
thanks!
:) Gracias! :)
de nada!