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The One Thing You Should Never Do When Applying for an EB-2/NIW

The One Thing You Should Never Do When Applying for an EB-2/NIW

Are you considering applying for a National Interest Waiver (NIW) to secure your U.S. immigration status? It's a significant step toward achieving your American dream, but there's one crucial thing you should never do: submitting the NIW application on your own or with anyone who isn't a U.S. licensed attorney.

You might think it's a straightforward process, just filling out some forms, but what many people don't realize is that attempting the NIW application solo can actually complicate your case rather than simplify it.

Here's why you should avoid this common mistake and work with a qualified U.S. licensed immigration attorney from the outset.

The Hidden Complexity of NIW Applications

While it's true that the NIW application involves paperwork, it's not as straightforward as it may seem. The U.S. immigration system is known for its intricacies, distinct regulations, and law interpretations. What you believe you should send to the government might not align with what's required for a successful NIW application. This misunderstanding can lead to a massive Request for Evidence (RFE) from the immigration authorities - or even a denial.

The Dreaded RFE: More Complicated Than You Think

Receiving an RFE can be a daunting experience. It essentially means that the immigration department needs more information to evaluate your case properly. Unfortunately, responding to an RFE is often more complicated than getting your initial application right. Why? Because the RFE requires your response to be based on the information you've already submitted, and now that information is in the hands of the immigration authorities so you cannot change it. This situation can be a real headache. You must navigate through the intricacies of your original application and provide additional documentation to address the RFE. It's a process that requires a profound understanding of immigration law, meticulous attention to detail, and the expertise to anticipate and analyze various challenges that may emerge when handling the RFE.

The Solution: Working with a U.S. Licensed Immigration Attorney

So, how can you steer clear of the challenges associated with pursuing your NIW application independently or with someone who lacks proper legal authorization to practice law in the U.S.? The answer is clear and simple: seek professional guidance from a U.S. licensed immigration attorney right from the start. These legal experts specialize in navigating the complex immigration system and have the knowledge and experience needed to maximize your chances of success.

Handling an RFE After Going Solo or working with unqualified and unlicensed individuals or companies

Every day, we witness a common scenario: clients turning to us in desperation, seeking assistance in responding to Request for Evidence (RFE) notices for cases they either attempted on their own or entrusted to individuals or non-law firm entities. Upon our careful analysis of their business plans or personal endeavor plans, a stark realization sets in. They come to understand the gravity of their errors and inconsistencies, the inadvertent disclosures, and the potential consequences of sharing irrelevant information. It becomes abundantly clear that the NIW application process is not merely about filling out paperwork; it's about submitting precisely what is required, what is relevant, and what the immigration authorities expect to see. The goal is to avoid opening a Pandora's box that could ultimately lead to a straightforward denial of their application.

While the ideal scenario would have involved collaborating with a U.S. immigration attorney right from the beginning, it's important to understand that not all hope is lost if you find yourself facing an RFE. In fact, at this critical juncture, we strongly recommend enlisting the services of a qualified U.S. immigration attorney. Often, the attorney will require a supporting document that can make all the difference in salvaging your case. This is where Visa Business Plans steps in, providing the expertise and documentation necessary to help secure a positive outcome for your NIW application.

At Visa Business Plans, we work closely with hundreds of immigration attorneys nationwide, supporting their clients by providing solid deliverables to bolster their NIW cases. From NIW business plans and personal endeavor plans to personal statements and expert opinion letters, Visa Business Plans is your go-to resource for comprehensive, well-researched documents that significantly increase your chances of a positive visa outcome.

Applying for a National Interest Waiver is a significant step in your immigration process. Don't make the mistake of thinking, like many want you to think, it's simply filling out forms and submitting an application. Instead, save yourself the headache and potential complications by partnering with a U.S. licensed immigration attorney who can guide you through the process from start to finish. Your future in the United States is too important to leave to chance.

Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.

Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.

At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.


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