How to Prove that Requiring a Labor Certification Would Adversely Affect the U.S. National Interest

How to Prove that Requiring a Labor Certification Would Adversely Affect the U.S. National Interest Proving the first two prongs of the three-prong test for EB2 National Interest Waiver petition is not very difficult for many petitioners, but proving the third prong could be challenging for some EB2 National Interest Waiver petitioners. In the NYSDOT case, the petitioner failed to show that it would “suffer a substantial disruption in its efforts to maintain New York’s bridges and roads” if an EB2 National Interest Waiver petition were not granted. To meet this requirement, the alien applicant should demonstrate that “the national interest would be adversely affected if a labor certification were required.” It means that the alien applicant should show a national benefit that is so great that the benefit outweighs the national interest in protecting job opportunities for U.S. workers having the same minimum qualifications through the DOL's labor certification process. For the third prong test, the petitioner may argue that the alien applicant's skill set and achievements are outstanding, thus the labor certification process may overlook the exceptional skills and outstanding achievements, and therefore harm the U.S. national interest, by employing other workers only meeting the minimum qualification requirements for employment in the proposed field. To help satisfy this requirement, the alien applicant may focus on several aspects: 1) Alien's past record of achievement: The alien applicant may provide evidence of the alien's past record of achievement. The alien applicant should establish that “the alien’s past record justifies projections of future benefit to the national interest.” These specific past achievements should distinguish the alien applicant from other people in the field. These past achievements can be shown in the form of publications, citations, prizes or awards, patents, organization membership, judging the work of others, presentations at conferences or seminars, authoring book chapters, and media coverage. 2) Significant impact or influence on the field: The alien applicant may demonstrate a significant impact or influence on the field of endeavor. The alien applicant could demonstrate “a significant benefit to the field of endeavor” by showing the practical significance of the alien’s work or the widespread adoption by others in the field, through evidence such as citations to the work or successful applications of the work in the field. http://www.greencardapply.com/ http://www.greencardapply.com/niw/niw-criteria-analysis.htm

The EB-1A Criteria Analysis - Alien's Original Scientific, Scholarly, Artistic, Athletic, or Business-Related Contributions of Major Significance in the Field

The EB-1A Criteria Analysis - Alien's Original Scientific, Scholarly, Artistic, Athletic, or Business-Related Contributions of Major Significance in the Field To satisfy this EB1 extraordinary ability criterion, the petitioner should provide evidence of the alien's "original contributions of major significance" to the field. The arguments alone are not sufficient. Although published work and funded research could be "original contributions” to a field. USCIS will check if the published work and funded research is indeed a major, significant contribution to the field. USCIS will determine whether the alien has made original contributions in the field, and whether the alien’s original contributions are of major significance to the field. USCIS officers will evaluate whether the alien applicant's work constitutes major, significant contributions to the field. Although funded research and published work may be “original,” this fact alone is not sufficient to establish that the alien applicant's work has "major significance." For example, peer-reviewed presentations or peer-reviewed articles in scholarly journals may have significance of the alien’s contributions to a field, if the presentations or articles have provoked widespread commentary or received a goodly number citations. To assist the USCIS' assessment of the alien’s original contributions in a field, USCIS officers will also consider the reference letters from experts in the fields regarding the significance of the alien’s contributions. But only reference letters that specifically indicate the alien applicant’s contributions of major significance to the field and its impact on subsequent work could add value for the EB-1A petition. The reference letters that lack specifics do not add value, and will not be considered to be probative evidence by USCIS. To meet this criterion, the submitted evidence should show that the beneficiary’s contributions are considered to be of major significance in the field of endeavor. To assist in determining whether the beneficiary’s contributions are original and of major significance in the field, the petitioner may submit: • Objective documentary evidence of the significance of the beneficiary’s contribution to the field. • Documentary evidence that people throughout the field currently consider the beneficiary’s work important. • Testimony and/or support letters from experts which discuss the beneficiary’s contribution of major significance. • Evidence that the beneficiary’s major significant contribution has provoked widespread public commentary in the field, or has been widely cited. • Evidence of the beneficiary’s work being implemented by others. Also, the reference letters and testimonies, if submitted, must provide a much detail as possible about the beneficiary’s contribution, and must explain, in detail, how the contribution was “original” (not merely replicating the work of others), and how they are of “major” significance. General statements regarding the importance of the endeavors are insufficient. www.greencardapply.com/ea/extraordinary-ability-criteria.htm www.greencardapply.com/ea.htm

Is the Interview for Form I-485 Application (Adjustment of Status) Required? Question: Are adjustment of status interviews always required for Form I-485 application? Answer: In many Form I-485 application cases, usually where the alien immigrant is applying for a Green Card based on employment in the United States, USCIS will decide that an interview is not necessary. The alien applicant will receive its decision on Form I-485 application by mail in writing, without an interview. Or USCIS may request additional documents from the Form I-485 applicant, and then make a decision. However, if the alien applicant are applying for Green Card of Form I-485 application based on marriage, the applicant mat be called in for an adjustment of status interview. That’s because USCIS is very concerned about people committing marriage fraud, and wants to have a chance to test the spouse on knowledge of everyday matters that will prove that you are sharing a life. Also for Form I-485 application based on marriage, if USCIS suspects marriage fraud in a Form I-485 application case, it may separate you and your spouse in separate rooms, for what is called a “marriage fraud interview.” That means USCIS will ask each of you the same questions, and then compare your answers. If the answers don’t match up well, you can expect your Green Card to be denied. http://www.greencardapply.com/question/question15/I485_Interview_031615.htm http://www.greencardapply.com/i485.htm

The Foreign Labor Certification iCERT Visa Portal System Question: What is Foreign Labor Certification iCERT Visa Portal System? How to apply for the Labor Condition Application for Nonimmigrant Workers? Answer: The iCERT Visa Portal System provides a single point-of-entry for employers, attorneys, and agents to file and track their employment-based visa applications It is a portal system in the DOL Foreign Labor Certification site that gives a number of features. Registration creates a single account system for each employer or legal representative and the information in the account is shared throughout the subsequent filings of new LCAs and PERMs. If you are new to iCERT, you must create a new user account to access any electronic filing system. Begin on the iCERT Home Page http://icert.doleta.gov The portal will also allow access to the Online Wage Library in the portal rather than as a separate site. According to the agency's information, the new portal system will include the followings: * Prepare applications with the feature of automatic pre-populating of visa forms with the employer's business/contact information. * Create and manage sub-account users (e.g., HR staff or in-house legal counsel) to prepare and submit applications on behalf of the company. * Track the status of applications across visa programs through a single account. * Submit requests to withdraw applications or authorize sub-account users to do so on behalf of the company. * Notify DOL, at any time, when the employer becomes aware that applications for labor certification have been submitted without its authorization. * Allow attorneys or agents and their sub-account users such as paralegals to prepare and submit applications taking advantage of all the foregoing features which will be allowed to their clients, employers. http://www.greencardapply.com/question/question15/iCERT_Visa_Portal_031515.htm http://www.greencardapply.com/perm.htm