A conversation that’s happened countless times:
Person A: “Hello, I have a bachelor’s from University A, a master’s from University B, and I’ve been working in [Profession C] for N years in the US, Canada, UK, Australia, or China. Do I qualify for NIW? What are my chances?”
Me: “Saying you work in [Profession C] is too vague. The key is whether you can craft a well-reasoned, detailed proposed endeavor with solid evidence. It’s not just a simple statement about your job.”
Person A:: “But I’ve been working in [Profession C] and got certified. I feel like my experience doesn’t meet NIW standards.”
Me: “The most critical part is the proposed endeavor. Your past experience is used in Prong 2 to prove you’re capable of executing that proposed endeavor.”
Person A:: “Oh, got it. Do you know if anyone with a similar background to mine has gotten approved?”
Me: “Those cases aren’t very relevant. You need to tailor a strong proposed endeavor to your own background. Back when I filed my petition, over 20 lawyers told me my background wouldn’t cut it, but I still got through by doing it myself.”
Person A:: “Oh, but maybe your background is different from mine. My background is [XXXXXX].”
Me: sigh “….”
I don’t get it. Is there some magical force at play? No matter how much I emphasize it, or how clearly the policy manual spells it out, people keep fixating on their education and work experience, completely overlooking the #1 key factor of the matter: the proposed endeavor. It’s not that Prong 2 isn’t important—it’s just that Prong 2 exists to support the proposed endeavor. If a Fortune 500 CEO applies for an NIW without a proposed endeavor, they’d get rejected on Prong 1 before Prong 2 even comes into play.
#EB2NIW #EB2-NIW #NIW #DIY #Immigration #Greencard