One of our clients shared information about his EB2 NIW case approved this year (2020). He worked as an Electronic Engineering Leader in several companies in the automotive industry. Lawyers had said NO to him so he did it on his own. I believe he shared valuable information which might help others in NIW community.
“I am an Electronic Engineering Leader in the automotive industry. I hold a Bachelor of Science in Electronic Engineering (Mexico) and a Master of Science in Electrical Engineering (USA). I graduated with honors (top student) and got highest GPA award in both Bachelor and Master of Science.
I worked in the automotive industry for different companies in Mexico and USA, introducing electronics innovation into regular vehicles, racing vehicles, and transportation (heavy duty trucks). I was main contributor in different patents from different OEM’s (Ford, GM, etc), trucks (Caterpillar, Navistar) and also aftermarket patents for different product lines.
I explored different choices to become US resident and not depend on working visas. I started to search for different alternatives and at the end I finished with two options: EB2 PERM (company sponsorship) and EB2 NIW (National Interest Waiver).
The attorneys never saw an NIW approved case in the area so they recommended me NOT to apply for this category since the chances of approval are usually low (according to the attorneys).
I looked at the NIW requirements and I saw that I was eligible for most of them:
- Minimum 10 years of experience in the industry related to my bachelors/masters (I hold 20 years)
- Holding an Advanced degree (MSEE in USA)
- Contributor to patents (electronics innovation). Exceptional abilities.
- My accomplishments are in the National Interest (I impulse high revenue business development and apply safety measures in different product lines)
- Remarkable contributions and being the best (on top of US citizens)
Since I noticed I had a small chance of success, I decided to search for different web companies that were able to provide guidance in how to apply for NIW.
At the end, I found eb2niw.com
The DIY Kit is fantastic!
I was able to compile my case following the step-by-step examples. One key item are the recommendation letters. These letters confirm my exceptional abilities and contributions to patents that OEM’s hold… Therefore, it is critical to get good recommendations letters and the Kit has excellent examples about the format we have to use. The recommendation letters came from the different companies that I have worked for, main OEM’s (different customers), including main semiconductor suppliers (recognized worldwide). The people who wrote the letters were mainly managers, directors, and technical specialists.
This Kit is an excellent tool. It took me few months to compile my I-140 application. I included all awards and recognitions at National level coming from the industry and college. Also attached my performance and main design reviews that I held with different customers and some videos and magazines as reference.
Veronika was always willing to help me on any question that I had. Nonetheless, this kit is great and I highly recommend it to anyone who wants to explore the NIW path and could save thousands of dollars in attorneys.
In the final interview (I-485 final appointment), they saw that my medical records was missing a small section to be filled out by the clinic. The lady was flexible and she gave me a “Come back pass” to return the same day with the missing information from the clinic (new I-693 format).
I recommend applying for this category NIW, once you have H-1B visa. If you get I-140 denial, you can reapply without penalty (although this wasn’t our case – straight approval). Also, if you hold an H-1B, DO NOT apply to I-131 Advance Parole. We didn’t apply to Advance Parole to continue traveling to Mexico during I-485 application in process without penalty.
At the end, I got I-140 approval and also green cards approvals for me and my wife without any single RFE…. The I-140 application took around 6 months for approval and the I-485’s took around six months to get approval and get them physically. I accomplished what attorneys considered impossible, being this Kit and Veronika big part of this success.”
Congratulations and thank you so much for sharing your story with us!
Hi Veronika,
What other alternatives are there. The government has suspended NIW EB2 applications till further notice because of coronavirus. Can you write an article about this?
If I’m awarded the NIW, do I need to provide AOS for my wife and child who will be joining me?
Hi Nek,
any family member who need a green card has to file his / her own AOS application.
Veronika
I am also masters of science in engineer from Germany and want to apply EB-2 NIW from my home country (PAKISTAN). I have never visited USA. I am willing buy purchase DIYKIT. However, it does not contain few form which are required with I-140 for applying outside from USA.
As i wont be needing I-485/I-765/I-131 applications. what will be the cost?
And i do need help with ETA750 which is missing in this KIT.
As Policy Manual Volume 6 – Immigrants Part F – Employment-Based Classifications Chapter 5 – Advanced Degree or Exceptional Ability say that “A petition filed with a request for a national interest waiver on behalf of a person does not need to be supported by a job offer; therefore, the person may file as a self-petitioner. A waiver of a job offer also includes a waiver of the permanent labor certification requirement.[38] In support of the petition, however, the petitioner must submit the employee-specific portions of a permanent labor certification (without DOL approval).[39] The petitioner may submit either the Form ETA 750B or Form ETA 9089. ”
Kindly help me with the above points.
Hi Ahmed,
I cant give you specific advice regarding your case (only lawyers can do that which I am not). Generally, yes I-485 and related forms are for people living here in the USA not for applicants from abroad. They have the same first part (I-140) but the rest of the process is called consular processing (check USCIS website here).
ETA 750B is older form – we had it in the kit originally but replaced it with ETA 9089 (this is recommended by USCIS). You will find this in the DIY kit, or if you need older ETA 750B, I can send it to you as well.
EB2 NIW category is one of the few were you can self petition, without employer sponsorship. That’s what we did too and most of our clients and blog readers as well. You must submit a previously mentioned form ETA 9089 which has many parts “empty” or N/A. You can see example in the DIY kit.
Let me know in case of any other questions (I will sent this to your email so you can just hit reply and reach directly to me).
Veronika
A petition filed with a request for a national interest waiver on behalf of a person does not need to be supported by a job offer; therefore, the person may file as a self-petitioner. A waiver of a job offer also includes a waiver of the permanent labor certification requirement.[38] In support of the petition, however, the petitioner must submit the employee-specific portions of a permanent labor certification (without DOL approval).[39] The petitioner may submit either the Form ETA 750B or Form ETA 9089.
any body can help with Form ETA 750B or Form ETA 9089 as i will be applying from outside USA
Hi Veronika,
I am currently preparing my EB-2 NIW application. The successful case of the engineer in the automotive industry is interesting and being similar to my case. Just wondering if I am able to contact the gentleman directly? I would like to learn further about how he prepared his case and what exhibits he used, etc… Many thanks.
Regards,
Lok
Hi Lok,
I always keep my clients strictly confidential unless they agree otherwise. I will ask first and will let you know directly if I get approval.
Veronika
Thanks Veronika. Fingers crossed 🤞.
I have 17 years of experience in the semiconductor industry. I have H4 visa and living in USA.
I am interested in EB2 NIW.
Kindly let me now , chances of EB2NIW approval.
Hi Jyoti,
thank you for your inquiry! I am not allowed to do case evaluations because I am not a lawyer (only they can do it). Search internet for keyword “free niw evaluation” and you will find several lawyers who might tell you.
Hope it helps.
Veronika