frequent questions

answers to questions
our clients

How do I figure out if my job is a good fit for NIW?

Your work should include contributions to your field that are designed to develop specific accomplishments for society.

Achievements for United States society can be in any public sector, including the economy, education, health, the environment, or other systems of society. If your work has the potential to improve the lives of people in the United States, you may qualify for this visa category.

For example, if your scientific contributions in the medical field could save lives across the country, your work could continue in the United States and be considered NIW-worthy. Or you have an idea on how to make public housing more affordable. This could be a civil engineering position or a job that creates an economically sound plan for affordable housing.

How many letters of recommendation do I need to submit for a successful NIW petition?

Letters of recommendation will help strengthen your NIW case if they can demonstrate that you have made an impact in your field of work and that you have public references to the benefits of your work. Having these letters is not a requirement, but they can strengthen the visa case in certain cases. These letters should describe your work and your contributions in a way that can be easily understood by a non-specialist.

If I don't have any published media articles in my specialty, can I apply for NIW?

Yes. There are no specific requirements for published articles to apply for NIW or to receive approval. However, having such articles may make the NIW petition more persuasive.

What is the difference between an O-1 visa and an EB-1A visa?

The main difference is that the O-1 visa is a nonimmigrant visa that requires you to have an employer in the United States. That is, if you have an employer who petitions for your employment in the U.S. and it is approved, you can live and work for that employer in the U.S., but you will not have residency. The EB-1A visa does not require an employer, and by obtaining an EB-1A visa, you will receive U.S. residency (green card). It is important to note that the requirements for obtaining an EB-1A visa are substantially higher than for an O-1 visa.

What is the difference between EB-2 NIW visas and EB-1 visas?

EB-2 NIW does not require the applicant to demonstrate outstanding ability. This means that you do not need to meet the extremely high standards of the EB-1 visa criteria. Yes, you do need to show that you are an essential employee and critical to your field of work, but with evidence that is different from the evidence for the EB-1 visa.

Which visas allow you to bring your family with you?

All principal investment and business visas (EB-5, E-2, E-1, L-1, EB-1C visas) allow the inclusion of family (spouse and children under 21) in the same petition as the principal petitioner.

Will I have to continue to work in the same industry listed on my NIW case after it is approved?

Yes, you are required to work in the field specified in your NIW application because you have claimed that it will be beneficial to the national interest of the United States. If you have already received a Green Card, it is recommended that you continue to work in your field for several years.