EB2-NIW(National Interest Waiver) Entrepreneurs: Success Stories
In November of last year, we at Chen Immigration Law Associates, released an article clarifying how entrepreneurs can not only qualify for green cards under the EB-2 National Interest Waiver petition category, but rather can become supreme candidates for National Interest Waivers due to the unique and profound benefits they and their companies pose to the national economy – through the stimulation of foreign and domestic investment, the creation of jobs, and the impactful innovation resulting from their innate and founding leadership abilities. The policy and operational initiatives backed by the Director of the USCIS have received continual support and encouragement from an array of governmental agencies, and have retained the assertion that attracting entrepreneurs is a definite and optimum strategy for growing the national economy and maintaining the United States’ competitive-edge over foreign counterparts.
Since we began our commitment to joining the USCIS’ quest for high-impact entrepreneurs who pose substantial benefits to the United States, we have received a significant influx of entrepreneurial clients – especially from those who received Request for Evidence (RFE) notifications from other law firms – and have since markedly become a namesake firm amongst Endeavor entrepreneurs. Endeavor – a non-profit organization, headquartered in New York City, and grounded in its vision to ignite economic growth via the selection and propagation of entrepreneurs in emerging markets – has in turn served as an archetypical model for our objectives to facilitate entrepreneurs’ immigration to the United States as smoothly and swiftly as possible.
As we at Chen Immigration Law Associates are grounded in providing customized petition strategies for each client, our mission to provide specifically-tailored packages to each entrepreneurial client has insofar been a major success. One of our most recent approvals involved a technopreneur who established an engineering services provider that specializes in intellectual property cores in fiber optics and high-speed digital signal processing applications – a vital and emerging area of the global and national economies. Through a partnership with NASA and maintaining industry-leading standards, our client had created nearly a dozen jobs in the United States prior to filing under the EB-2 NIW category. Surprisingly, this client received an RFE following the original submission of materials with another law firm; however, after revamping the petition strategy and materials included in the final package, we received his case approval in less than one month after responding to the RFE.
While emerging market entrepreneurs are not the sole focus or base of our entrepreneurial clientele (for instance – last year we had a case approved for a financier-entrepreneur who specialized in African trade and investment), there are clear-cut lessons and takeaways that can be derived from the success of these entrepreneurs. First and foremost, the USCIS values – above all – objective evidence. Whether that is in the form of citations to publications for prominent researchers, record sales and magazine features for artists and musicians, or gross revenues and job creation statistics for entrepreneurs, the USCIS and Administrative Appeals Office (AAO) have consistently and mutually held that corroborating evidence of one’s past influence in the form of unbiased, numerical evidence is paramount to petition approval. That being said, the unavailability of this type of evidence does not bar one from petition approval; it simply makes the cumulative and creative packaging of one’s evidentiary and qualitative credentials more critical. Regardless of petition category, the Immigration Officer must review the totality of evidence submitted and determine whether the overall pattern of evidence justifies petition approval. Therefore, the nominal fee Immigration Attorneys charge becomes even more insignificant when considering the profound implications of the eventual growth and proliferation of one’s profession and/or company within the United States.
At Chen Immigration Law Associates, we take pride in only submitting petitions which we feel are strong cases for approval, and it has become apparent, now more than ever, that we along with the USCIS, agree that there are few more qualified candidates for National Interest Waivers than those entrepreneurs who can deliver dual-benefits to the national interest via (1) the products/services they provide and revolutionize; and (2) the substantial impact to the national economy through job creation and investment stimuli. Ultimately, we welcome all case inquiries and truly enjoy providing case evaluations for experts from around the world, and entrepreneurs – your case has been heard.
by Chen Immigration Law Associates
“The hidden hand of the market will never work without a hidden fist…America needs rebooting.” – Thomas Friedman, Author, The World Is Flat