The EB2 NIW visa applications is quite popular amongst senior executives and highly educated professionals all over the world. The flexibility of the visa and the ability to stay in the United States indefinitely, makes it attractive for those looking to settle in the United States because a successful application gets you a green card.
There have been adjustments to the interpretation of the rules and many lessons learned in preparing EB2 visa business plans. Prior cases were decided under the stringent rules in the NYSDOT case. New cases are now decided under the criteria set by the court in the Matter of DHANASAR. Many cases have been successful under the new criteria or prongs.
As a Business and Management Analysis Consulting Firm, we work with many clients and lawyers to meet EB2 visa business plans requirement. We have also been consulted by many clients who have received Request for Further Evidence (RFE) and denials on the EB2 visa applications because a lot of applicants misinterpret the rules and make too many errors and eventually their application becomes expensive and gets complicated.
From our findings and experience in working with different clients, we have grouped potential applicants into three categories that may experience EB-2 NIW visa refusals or complications. It is noteworthy that based on our experience with US attorneys who refer business related matters to us, we have been informed that refused cases have less than 5% chances of winning on appeal. Most cases are not denied outright but you have an opportunity to redeem your application when the USCIS gives you an RFE meaning request for further evidence. They will like you to supply more information so they can make a final decision if they should refuse or approve your case.
What you need to succeed with your EB2 business plan and EB2 visa application.
We realized a lot of 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 you start your application, and we can refer you to an experienced lawyer that has dealt with clients from different parts of the world and has heritage and links to 3 different continents. Aside from 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 you convince USCIS that your endeavour will benefit the United States economy, expand nationally and be profitable. Most lawyers cannot write business plans, so they refer you to specialist in this area.
- You need to convince the United States immigration that your plans will impact the United States positively in terms of generating employment, most lawyers are not economist and they do not understand the analytics behind explaining the sensitivity analysis behind your projects or how the ROI (return on investment) benefits the United States economy.
- Your project has to be feasible, practicable and achievable. Some applicants think they can solve issues affecting a volcano or they may explain to USCIS that they will create 100,000 jobs in the United States within 12 months, just to get their applications approved. The USCIS case reviewers are not foolish, so they know all these points are not achievable. This is where specialized business analysts like us comes in, and work with your attorney to give your case a higher chance of success.
There are over twenty-five scenarios We have 25 other scenarios we can explain that lead to application failure and denials
Identified Groups of EB2 Visa Applicants.
Applicant with limited funds: This group comprises people who really want to move to the United States and have identified EB-2 NIW as their best path. Some of them are business savvy while others are completely new to business. The major challenge this group of people face in correctly filing their application, is limited funds and consultancy misconception.
The challenge of this group of people is limited funds, so they try to do the applications themselves as a means of reducing cost.. This group of people assume that getting a consultation or hiring a lawyer to review their application package before submission will increase cost. Some feel the lawyers are just completing application forms and filing their documents, so they opt out from using 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 get refused. By the time they send their self-prepared packet to a lawyer after been given an Request for Futher Evidence (RFE) by USCIS, too many errors requiring rectification have been made, thereby costing them more in legal fees, other fees, and time. False economy? I certainly feel so.
Smart Professionals: This group of applicants are well-educated and articulate. They are usually professionals such as: architects, medical doctors, engineers, and even non-US lawyers. They are usually confident they can interpret the law, most of carry out a lot of internet research before approaching a lawyer.
However, many are wrong in their interpretation. It’s not usually the letter of the law; it is the way the evidential burden is interpreted by the US immigration service that is most important.
When these professionals accept that their immigration lawyer and business analyst are the best people to guide them and follow their instructions, they usually do well and their EB-2 visa normally get high approval rates. However, when they don’t, it is usually very upsetting for them because they do not expect the denial and often feel the Immigration officer who denied the application was wrong.
The Naïve Applicants: These group of applicants believe 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 though the friend specializes in employment law. This will usually go wrong; they do go very wrong. They also believe because they have someone that has a business degree, they could get them to write a business or feasibility plan. Some of this type of applicants also believe they could get sample on the internet and modify it to suit their needs. They end up spending 10 to 20 hours on the business development plan and at the end, realize they missed some things when they get an RFE from USCIS.
I came to know all the groups over my years of practicing as a certified management consultant and a business analyst because many clients come to me to help with EB2 business plan after their visas have been denied or when they get stuck and don’t know what to do.
About 20% of the people in the different groups are successful in their application, that is, 20 out of every 100.
The point is, get advice from an experienced business analyst and research on how to find a good immigration attorney for your case, get things right the first time and increase your chances of approval.
If you will like us to assist with your EB2 visa Business Plan, Feasibility or Project Plan please view our PRICING packages here: www.businessplansite.com/eb2-business-plan-pricing/
Please, read the brief description below to help you decide on a package.
- Who needs a business plan?
A business plan provides a full description of your proposed business, activities or endeavor. .It explains how your endeavor ( as a business or employee) will help US residents and citizens get a job, improve the US economy, and improve quality of life. Almost every applicant needs a business plan.
- Who needs a feasibility plan or research?
Your feasibility plan shows USCIS you are not just moving to the US on a fancy whim. A feasibility study tells the decision officer that your project is well researched, practical, and viable.
- Who needs a project plan?
The project plan is the analytic part of your application. It explains the nitty gritty of your project and how you plan to achieve it over a 5-year period. The plan provides logical feasibility projections to prove the plan is practical and doable.
Authors :- This article was written by Henry Akinlude MA, MBA and LLM. Henry is a founding member of Association of Professional Business and Management Analysts in United States and United Kingdom. He and his business partner, Dr Ade Adeagbo, have written and consulted for over 5000 businesses globally. They have a combined 50 years experience in the Business and Management Consulting Industry.
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Disclaimer :- The article is not a legal advice and you cannot act on the content, this is just a personal opinion of the author based on his personal experience. Contact your lawyer for advice on all your immigration and legal matter.