Take a look at our comprehensive overview of NIW and how you can qualify under the current requirements (click here). In short, in a precedent setting case (Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) – click here), USCIS vacated Matter of New York State Department of Transportation (22 I&N Dec. 215 (Acting Assoc. Comm’r 1998) and adopted a new standard for evaluating and deciding on NIW cases.
Under the new framework, and once EB-2 eligibility has been established (individuals holding an advanced degree or equivalent, or exceptional ability in the arts, science, or business and will substantially benefit the U.S. economy, culture, education, or welfare), USCIS may grant an NIW if the petitioner demonstrates with sufficient evidence that: (1) the foreign national’s proposed endeavor has both substantial merit and national importance; (2) the foreign national is well positioned to advance the proposed endeavor; and (3) on balance, it would be beneficial to the United States to waive the requirements of a job offer and therefore of a labor certification.
For example, in your Bank of America online banking, please click "Bill Pay", choose “Bill Pay Center”, select “Add a new Pay To account,” (the account number is 435022494201) and add New Weiming Law Group as payee, with the address below:
The bank will mail a check. You can also use Chase Quickpay or other methods, or wire the payment if you live abroad. We do not accept credit cards.
USCIS issues a request for evidence (RFE) when the application lacks required evidence from the petitioner. An RFE does not mean that denial of an application is likely or inevitable – it does mean that you must provide the requested evidence within the timeframe indicated on the RFE notice. Otherwise, USCIS may determine that the petitioner has decided not to pursue the case – in these cases, USCIS may issue a denial.
One of the most common reasons USCIS officers request additional evidence is based on their view that the petition does not provide sufficient evidence of the major significance or contribution of the petitioner’s research or work. Responding to these and other issues expressed by USCIS in an RFE notice requires a carefully prepared RFE cover letter and package of response.
NWM is the industry’s best resource to deal with the complexities of RFEs and how best to respond to them. We pride ourselves on helping clients to work through these occasional “bumps” in the road to a successful petition. First and foremost, we do our very best to prepare a petition that will not incur an RFE. If one is incurred, we prepare supporting materials to respond at no additional charge.
The Premium Processing Service provides expedited processing for certain employment-based petitions and applications (not NIW). Specifically, USCIS guarantees 15 calendar day processing to those petitioners or applicants who choose to use this service or USCIS will refund the Premium Processing Service fee. If the fee is refunded, the relating case will continue to receive expedited processing.
The 15-calendar day period will begin when USCIS receives the current version of Form I-907, Request for Premium Processing Service, at the correct filing address noted on the form. USCIS will issue an approval notice, a denial notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation within the 15-calendar day period. If the petition or application requires the submission of additional evidence or a response to a notice of intent to deny, a new 15 calendar day period will begin upon receipt by USCIS of a complete response to the request for evidence or notice of intent to deny.
Deciding whether Premium Processing is right for you can be challenging and we carefully review the options and alternatives with clients in these cases. Generally, clients must have an especially strong case to be approved with Premium Processing. Again, NWM evaluates each case based on its own merits.