EB2 NIW visa applications are very popular among senior executives and highly skilled professionals around the world. The flexibility of the visa and the ability to stay in the United States indefinitely makes it attractive to those looking to settle in the United States, as a successful application grants you a green card.
There have been adjustments in the interpretation of the rules and many lessons learned when preparing business plans for EB2 visas. Previous cases were tried under strict NYSDOT case rules. New cases are now decided according to the criteria established by the court in the case of DHANASAR. Many cases have been successful under the new criteria or streams.
As a business analysis and management consultancy, we work with many clients and attorneys to meet the requirements of EB2 visa business plans. We have also been consulted by many clients who have received Requests for Additional Evidence (RFE) and denials on EB2 visa applications as many applicants misinterpret the rules and make too many mistakes and ultimately their application becomes costly and complicated.
Based on our findings and our experience working with different clients, we have grouped potential applicants into three categories that are likely to experience EB-2 NIW visa denials or complications. It should be noted that, based on our experience with US attorneys who submit case-related cases to us, we have been advised that denied cases have less than a 5% chance of winning on appeal. Most cases are not denied outright, but you have the option of redeeming your claim when USCIS gives you a Request for RFE Service for additional evidence. They will like you to provide more information so they can make a final decision whether to deny or approve your case.
What you need to succeed with your EB2 business plan and your EB2 visa application.
We realized that many applicants continue to make mistakes when applying for the EB-2 NIW visa without seeking proper legal and business advice.
You have a high chance of success if you take proper legal advice before starting your application, and we can refer you to an experienced lawyer who has dealt with clients from different parts of the world and has a heritage and ties to 3 different continents. In addition to using a good lawyer, you also need a very good business analyst. Why do you need a good business analyst?
- The success of your application depends on how well you convince USCIS that your business will benefit the United States economy, grow nationally, and be profitable. Most lawyers can’t write business plans, so they refer you to an expert in that area.
- You have to convince US immigration that your plans will have a positive impact on the US in terms of job creation, most lawyers are not economists and they don’t understand the analyzes behind explaining the sensitivity analysis behind your projects or how ROI (return on investment) benefits the US economy.
- Your project must be doable, achievable and achievable. Some applicants think they can fix issues affecting a volcano or they can explain to USCIS that they will create 100,000 jobs in the United States within 12 months just to get their applications approved. USCIS case reviewers aren’t dumb, so they know that all of these points aren’t feasible. This is where specialized business analysts like us come in and work with your lawyer to give your case a greater chance of success.
There are over twenty-five scenarios We have another 25 scenarios we can explain that lead to application failure and denials
Identified groups of EB2 visa applicants.
Applicant with limited funds: This group includes people who really want to move to the United States and who have identified EB-2 NIW as their best path. Some of them are business savvy while others are completely new to business. The main challenge that this group of people face in applying properly is the limitation of funds and the misconception of the council.
The challenge for this group of people is limited funds, so they try to do the applications themselves as a way to cut costs. This group of people assumes that getting a consultation or hiring a lawyer to review their application package before submitting it will increase costs. Some believe that lawyers only fill out application forms and file their documents, so they choose not to use the services of a lawyer or a business plan analyst for financial reasons.
Many of these applicants often end up spending more money when they are turned down. By the time they send their self-prepared packet to an attorney after receiving a Request for Further Evidence (RFE) from USCIS, too many errors requiring rectification have been made, costing them more in legal fees, other costs and time. False economy? I certainly feel it.
Smart professionals: This group of candidates is well-educated and articulate. These are usually non-US professionals such as architects, doctors, engineers, and even lawyers. They are generally confident that they can interpret the law, with most doing extensive internet research before contacting a lawyer.
However, many are mistaken in their interpretation. This is usually not the letter of the law; it is how the burden of proof is interpreted by the US immigration service that is most important.
When these professionals accept that their immigration attorney and business analyst are in the best position to guide them and follow their instructions, they generally do well and their EB-2 visa normally gets high approval rates. However, when they do not, it is usually very upsetting for them because they do not expect the refusal and often feel that the immigration officer who refused the application has deceived.
Naive candidates: This group of candidates believe that all lawyers can do any legal work. They have a friend who is a lawyer, they ask this friend to prepare their EB-2 application, even if the friend is specialized in employment law. This will usually go wrong; they are doing very badly. They also believe that because they have someone with a business degree, they could have them write a business or feasibility plan. Some of these types of applicants also think that they could get a sample from the internet and modify it to suit their needs. They end up spending 10-20 hours on the business development plan and in the end realize they missed some things when they get an RFE from USCIS.
I have come to know all the groups during my years of practice as a certified management consultant and business analyst, as many clients come to me to help with the EB2 business plan after their visa has been denied or when they get stuck and don’t know what to do.
About 20% of people from different groups are successful in their application, or 20 out of 100.
The goal is to get advice from an experienced business analyst and research how to find a good immigration lawyer for your case, get it right the first time, and increase your chances. of approval.
If you would like us to help you with your business plan, feasibility or EB2 visa project plan, please see our pricing packages here: www.businessplansite.com/eb2-business-plan-pricing/
Please read the brief description below to help you choose a package.
- Who needs a business plan?
A business plan provides a complete description of the business, activities or business you are proposing. .It explains how your business (as a business or an employee) will help US residents and citizens find jobs, improve the US economy, and improve the quality of life. Almost all applicants need a business plan.
- Who needs a feasibility plan or research?
Your feasibility plan shows USCIS that you are not just moving to the United States on a whim. A feasibility study tells the decision maker that your project is well documented, practical and viable.
- Who needs a project plan?
The project plan is the analytical part of your application. It explains the background of your project and how you intend to achieve it over a period of 5 years. The plan provides logical feasibility projections to prove that the plan is practical and achievable.
Authors:- This article was written by Henry Akinlude MA, MBA and LLM. Henry is a founding member of the Association of Professional Business and Management Analysts in the US and UK. He and his business partner, Dr. Ade Adeagbo, have written and consulted with over 5,000 companies worldwide. They have a combined 50 years of experience in the business and management consulting industry.
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