Extraordinary Ability Alien, Outstanding Researcher and National Interest Waiver by Suzanne Brummett

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The applicant or beneficiary of an extraordinary ability alien, outstanding researcher or national interest waiver petition must carefully prepare and document his or her application. Proving your case can many times be a difficult task. Part 2 will discuss important issues to take into account when preparing your case.

PART 2

Proving your Case and Pitfalls to Avoid

Before preparing your case, you must consider your overall approach. Simply providing evidence that fulfills three or more of the criteria set forth in the relevant regulations of the BCIS, formerly the Immigration and Naturalization Service, is not enough. Cases must be well documented and you must succinctly argue the merits of your case. Although you are not in a courtroom setting, you must present persuasive arguments regarding your eligibility. Preparing an application under one of these categories is difficult and time-consuming, and involves a significant amount of legwork.

In some cases, timing may be an issue. It may be wise to postpone filing until a publication or other major research contribution can be documented or until you can gather the strongest evidence possible to be able to present your case in the most favorable light. Foreign nationals who are in the early phases of their careers may want to consider delaying filing for a year or longer. Understandably this may not be possible if you have no available temporary worker visa options left to allow you to remain in the U.S

It is important to gather and organize your evidence well ahead of time in order to be able to evaluate your eligibility. It is incumbent on you to take time in organizing and categorizing evidence based on the criteria outlined in the regulations. This will help in developing a case, and assembling a strong case. It may take months to be able to gather everything you need and to prepare your application. You cannot be impatient and rush through the process just to be able to file. When you review your evidence, you must scrutinize every document and be selective. The volume of the material submitted does not guarantee success. In fact, this can work against you.

Finally, you must also be aware of pay issues. Start-up companies and smaller companies have been receiving additional scrutiny particularly in meeting the "ability to pay" standard required for most employment-based immigrant visa petitions. Even self-sponsored petitions can experience problems in this area, and may need to rebut issues of public charge.

Next: Part 3, Tips and Strategies in Filing your Application.

Copyright © 2003 Suzanne Brummett. All Rights Reserved

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