Two Words to Avoid in Your EB2 NIW Green Card Petition

Table of Contents

• Introduction
• The Forbidden Words: Labor Shortage
• Why Avoiding Labor Shortage Matters
• FAQs
• Conclusion

Introduction

Are you planning to write your EB2 NIW Green Card petition? If so, there are two words that you should avoid at all costs. In this blog, we will discuss these forbidden words, why they are disliked by USCIS, and provide evidence from real cases to support our argument. As a scientist myself, I understand the importance of self-petitioning and the need to craft a strong petition. Let's dive into the details and learn how to avoid these detrimental words in your petition.

The Forbidden Words: Labor Shortage

So, what are these two words that can jeopardize your EB2 NIW petition? They are "labor shortage." The United States Citizenship and Immigration Services (USCIS) strongly dislikes these words and considers them a red flag. When you mention labor shortage in your petition, you are essentially arguing for a labor certification, which goes against the purpose of the National Interest Waiver (NIW) category. The NIW is designed for individuals who can provide exceptional skills or contributions in their field, not to address labor shortages. Let's explore this further.

USCIS Officer's Perspective

USCIS officers are trained to detect the mention of labor shortage in EB2 NIW petitions. They consider labor shortage as an indicator that the petitioner is better suited for the conventional EB2 route with a labor certification and company sponsorship. In many Request for Evidence (RFE) cases, officers point out this issue and question the petitioner's eligibility for the NIW category. By avoiding the mention of labor shortage, you can strengthen your case and focus on showcasing your exceptional skills and contributions instead.

Evidence from USCIS Administrative Appeals Office

The USCIS Administrative Appeals Office has made it clear in their decisions that labor shortage is not a valid argument for the National Interest Waiver. Let's take a look at some examples:

1. Dentistry: A dentist claimed that she could address the shortage of dental professionals in the US. However, the officer stated that labor shortages are appropriately addressed through the labor certification process, not the NIW category.
2. Robotic Products: A petitioner focused on developing intelligent and robotic products argued that it would help with labor shortages. The officer emphasized that labor shortages are best addressed through the labor certification process.
3. IT Industry: A software developer highlighted the shortage of IT workers in the US. The officer stated that labor shortages should be addressed through the labor certification process and that the petitioner failed to demonstrate an urgent need for their services.
4. Veterinary Services: A veterinarian claimed that their work could alleviate the shortage of veterinarians. The officer pointed out that labor shortages are addressed through the labor certification process and are not a consideration for the NIW category.
5. Aviation Training: An aviation pilot proposed opening an aviation training center to address the shortage of pilots. The officer stated that labor shortages alone do not demonstrate national importance and emphasized the labor certification process.

These examples clearly indicate that labor shortage is not a valid argument for the National Interest Waiver. By avoiding the mention of labor shortage in your petition, you can align your arguments with the USCIS policy and increase your chances of success.

Why Avoiding Labor Shortage Matters

Now that we understand why labor shortage should be avoided in your EB2 NIW petition, let's discuss the consequences of mentioning it:

1. Weakening Your Case: By focusing on labor shortage, you divert attention from your exceptional skills and contributions. This weakens your overall argument and can lead to a denial of your petition.
2. USCIS Officers' Scrutiny: USCIS officers are trained to detect labor shortage claims and often scrutinize petitions that mention it. They can use this as a reason to issue a Request for Evidence (RFE) and put your case under further review.
3. Potential Denial: If labor shortage becomes a central argument in your petition, it can lead to a denial as it goes against the intended purpose of the NIW category.

By avoiding labor shortage and focusing on the aspects that truly matter, such as your exceptional skills and contributions, you can present a stronger and more compelling case to the USCIS.

FAQs

Q: Can I mention labor shortage in my petition at all?

A: While it is not recommended, you can mention labor shortage in your petition if you are discussing prong three, which focuses on the urgency of your contributions. However, it is important to note that labor shortage alone is not sufficient to demonstrate national importance.

Q: Is labor shortage considered a matter of national importance?

A: No, labor shortage is not considered a matter of national importance. The USCIS policy manual clearly states that the NIW category is for individuals whose contributions have implications for the national interest, not to address labor shortages.

Q: What should I focus on instead of labor shortage in my petition?

A: Instead of labor shortage, focus on showcasing your exceptional skills, contributions, and how they align with the national interest. Highlight the impact you can make in your field and how it benefits the United States as a whole.

Conclusion

When crafting your EB2 NIW Green Card petition, it is crucial to avoid the mention of labor shortage. USCIS officers view this as a red flag and it weakens your overall case. Instead, focus on highlighting your exceptional skills, contributions, and the national importance of your endeavors. By aligning your arguments with the USCIS policy and avoiding the forbidden words, you can increase your chances of a successful petition. Good luck on your EB2 NIW journey!

DR MISBAH ULLAH KHAN OFFICIAL