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NIW Case Preparation: How We Prepare your NIW Case

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From selecting recommenders, to drafting recommendation and petition letters, preparing an NIW (National Interest Waiver) case is a complex process that requires patience and care. We take a systematic approach to preparing your case to ensure that every aspect of your case is handled efficiently and we consider all of the factors of your unique case during case preparation to maximize your chances of NIW (National Interest Waiver) approval.

After an attorney-client relationship is formed, you will have access to a client packet right away. In the packet, you will receive more information about our services and what the process ahead looks like, and exactly how we propose to move you towards your goals. In general, it takes our clients from 1-4 months from the time they begin working with us to when we are ready to file their case.

To begin the process of preparing your NIW case, we will ask you to provide two documents—our questionnaire found in the client packet, and a list of potential recommenders.

  1. Questionnaire: In your client packet you will find a detailed questionnaire in which we ask you to provide information about your work and accomplishments. It is very important to fill out this questionnaire with as much detail as possible, as it will be a critical resource for drafting the recommendation letters and petition letter. Keep in mind that while we are legal professionals and experts on immigration petition preparation, we are not experts in your specific field. The questionnaire is your opportunity to help us understand your work so that we are able to explain its significance most fully in your letters.
  2. Recommendation Letters:
    1. Selecting recommenders: We will ask you to provide us a list of potential recommenders before you begin contacting them. You will need to provide basic information about the recommenders including their current position, their relation to you, and what part of your work they can talk about. After reviewing this information, we will discuss with you the appropriate selection of recommenders for your case. The law and USCIS regulations do not indicate the required number of recommendation letters, but 3 to 7 letters are deemed appropriate. The number and selection of recommenders will of course depend on the unique factors of your case.
    2. Contacting Recommenders: After the list of recommenders has been finalized, you may proceed to contact them. We provide model request e-mails and sample phone dialogues to help you proceed. Most recommenders are busy professors or scholars, you may inform them that your attorney will draft the letter for them to review and revise.
    3. Drafting the recommendation letters: As part of our services, we will draft all of the recommendation letters for you. This will ensure that the group of letters as a whole explains all of your work comprehensively and contains all of the necessary statements. Once the recommenders have confirmed their support, we will begin drafting the recommendation letters. As specified in our contract, the timeline for us to draft the letters is binding. Once we have all of the necessary information, we will draft your letters in 10 business days.
    4. Finalizing the recommendation letters: After the letters are finished, we will upload them to the Case Management System for your review. You will have the opportunity to revise the letters and provide your opinion. We will take all of your comments into consideration and revise the letters until we are both happy with the final result. At this point, you will forward the final recommendation letters to the recommenders for their review, approval, and signature. Further revision of the letters may be necessary if the recommenders make such requests or make substantial changes to the letters.
  3. Petition Letter: Once all of the recommendation letters have been finalized and signed, we can move on to drafting the petition letter. We will analyze your credentials and contributions in the context of our carefully-designed petition structure and prepare a legal argument and summary of your work in accordance with our winning strategy. The timeline for us to draft the petition letter is binding per our contract, and we will prepare the petition letter in 10 business days. Once you receive the draft, you will be able to review the draft and provide revisions and comments. We will revise the petition letter until we are both happy with the final result.
  4. Preparing Documentation: You will receive a document list in your client packet at the very beginning of the process. This will allow you to begin gathering your evidence right away. After the petition letter is finalized, we will ask you to send us all of your documentary evidence and we will then compile your NIW package for you. Careful and organized package preparation is an essential step to NIW success, and we have an organized system to present your documents in an easy and accessible manner. This will ensure that there is no confusion for the USCIS officer, and they are able to review your case as easily as possible. Please see our NIW Documents List for more information about what documents are required.
  5. Filing Your Case: Once the petition letter is finalized and we have received all of your documentary evidence, we will compile your NIW package and file your case. Whether we are e-filing or paper filing your case, we will file your case within 3 business days as specified in our contract. Our attorneys will make a final review before submitting the package to USCIS via mail to ensure that everything in your package is perfect.