Increase in Immigration Benefits Denials Did Not Affect EB-1 and EB-2 NIW Visas

- Jan/2019

According to the U.S. Citizenship and Immigration Services (USCIS), 2018 has seen a record denial rate for employment-related immigration filings, with an increase of 37% in denials from 2016 to 2018. This includes denials for most categories of immigration benefits: work visa petitions, green cards, travel documents, work permits, etc.

USCIS vetting of employment-related filings has tightened since 2017, after the “Buy American and Hire American” executive order, which gave U.S. federal agencies broad discretion to adjudicate immigration benefits. Most popular U.S. work visa types such as H-1B, L-1 and the E-2 treaty investor visa have been particularly affected by these new regulations.

On the other hand, the approval rate for employment-based visas EB-1A and EB-2 of National Interest Waiver (NIW), both of which allow the acquisition of Green Cards and permanent residency in the United States, did not see a decrease in 2018. Quite the opposite; both immigrant visa categories are becoming even more well positioned in the immigration debate and financially accessible by qualified people who wish to start a new life in the U.S.

The EB-1A is a visa designed for people who have proven extraordinary skills and achievements in the fields of arts, science, education, business and athletics. Many doctors, dentists, scientists, artists, entrepreneurs, educators and athletes may qualify for this category.

The EB-2 National Interest Waiver category is a visa which grants Green Cards to qualified individuals with unique skills in their areas of expertise or training, and whose presence in the US will contribute to a job market where many key professionals are lacking, despite the excess of vacancies available. Professionals with at least a baccalaureate degree and more than 5 years of proven work experience have a high chance of qualifying for this type of visa, especially those with a strong professional and academic background in the areas of Health, Science, Engineering, Technology, Education, and many others.

If you have plans to internationalize your investments, develop business, and begin your expatriation process, it is important to have a team of lawyers with proven experience, acting in several jurisdictions and accredited by their respective governments. Our highly specialized professionals possess the technical skills required to evaluate the best alternatives and meet your needs and expectations.

To know which immigration option best suits your profile and that of your family, in addition to knowing more about the many possible alternatives for your projects to develop successfully, talk to one of our expert attorneys. Schedule a consultation with HAYMAN-WOODWARD PLLC now.

Our attorneys will assist you in all the details of your expatriation, at all stages, including business development in the United States. For our law firm, each case is unique and is treated as such, with personalized and individualized solutions.

HAYMAN-WOODWARD PLLC is a Washington (D.C) based law firm, specializing in immigration and federal tax laws. All legal services are provided by duly-licensed attorneys in each jurisdiction.

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