Opinion: Airline Pilot NIW

 Getting a Green Card for being a regular Airline Pilot through the National Interest Waiver (EB-2c NIW) has been a controversial topic in U.S. Immigration for some time. Several Law Firms (and non-Law Firms) promise an easy Green Card option for Pilots based on the concept of a shortage of pilots in the U.S. They claim that the shortage and need for pilots illustrate the national importance of immigrating pilots into the U.S. (thus satisfying an essential requirement of the National Interest Waiver Green Card regulation).

My firm has not accepted these cases, but many law firms are getting calls from pilots that have seen advertisements for this immigration option. As such, it is essential to look into this matter to provide the public with all available legal options.

At issue is whether the work of a pilot is of National Significance, such that the U.S. will bypass typical immigration requirements to grant a Green Card. 

I was able to find one Appeal made for a denied case on this topic to the Administrative Appeals Office (AAO). The focus of the final decision was on other issues in the case. But the AAO added critical statements at the end, questioning whether it is a work of "National Importance": 

"...while the Petitioner may fly nationally or internationally, simply having a global route does not establish that the endeavor has a global impact."

"...how one pilot will improve a national shortage or will trigger substantial positive economic impacts has not been explained..."

Some of these pilot NIW cases may have been approved, and some pilots have unique skills that would qualify them for this Green Card. The attorney, in this case, may not have developed a good argument to overcome the government's objection. But I am still hesitant to file these cases barring some unique facts that would differentiate the Petitioner from a regular Airline Pilot.

Source: https://www.uscis.gov/sites/default/files/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Advanced%20Degrees%20or%20Aliens%20of%20Exceptional%20Ability/Decisions_Issued_in_2021/SEP142021_05B5203.pdf

EB-1A For Business People - Toolbox Magazine

Many people think the EB-1A Extraordinary Ability Green Card is for Athletes, Artists, and even Scientists. However, the category is far broader and includes much more than. One job category that is included but missed by many is successful Business People. The key is to prepare the case properly. My colleague Lena Nevsky, Esq. contributed a great article with practical pointers on submitting these petitions to the Immigration Lawyers Toolbox® Magazine.

https://issuu.com/immigrationlawyerstoolbox/docs/issue_4_combined/42

Why should you apply for a Marriage Visa (CR-1) rather than a Fiancé Visa (K-1)? Here are the top 3 reasons:

 Why should you apply for a Marriage Visa (CR-1) rather than a Fiancé Visa (K-1)? Here are the top 3 reasons:

To start, a Marriage Visa refers to a married couple whose foreign spouse lives overseas and requires an Embassy interview before being permitted into the U.S.

1) Fewer Steps. Fiancé Visas require around 4 significant interactions with the government: an Initial USCIS Filing, Embassy Interview, a Second USCIS Filing, and potentially an in-person interview. On the other hand, if married, the case only needs an initial filing and an Embassy interview.

Less interaction with the government means fewer possibilities that an error can occur or that you get unlucky with an unhelpful officer.

2) Fewer Steps also mean fewer costs. The filing fees for a Fiancé Visa total $2,025. However, a Marriage case comes out to $980. Moreover, if the Applicants use an attorney, they can expect the legal fees to increase commensurably.

3) Work Authorization. After entering on a Marriage Visa, you technically can start working immediately. However, a Fiancé Visa requires a request for an employment authorization card which can take a while.

Everyone once in a while, I will consult on a case where the fiancé visa makes more sense. Maybe in 1 out of 10 cases. A common perception causing many to choose the K-1 Visas is that it is faster. However, this time saving may be only a couple of months faster. It is not a significant difference relative to the negatives. But in the end of the day, it is up to the couple.

#Immigration #MarriageGreenCard

Toolbox Magazine 4: Disna Weerasinghe and I-140 Ability to Pay

Getting your Green Card through most work-based applications requires an employer that will hire you. In addition to many other requirements, the employer has to show that they can afford to pay the salary required by the Department of Labor.

For some employers, this is easy. Large companies may have annual reports or audited financial statements to show this.

Small employers may have more difficulty, leading to Requests For Evidence (RFEs) from the immigration department(USCIS).

Our colleague Disna Weerasinghe, Esq. provided a detailed breakdown of the memos, regulations, and more about handling these issues in the most recent issue of the Immigration Lawyers Toolbox® magazine: https://issuu.com/immigrationlawyerstoolbox/docs/issue_4_combined/38

The Immigration Department (USCIS) makes mistakes too. Particularly in EB-1A Extraordinary Ability Green Card cases. Unfortunately, it is not unusual.

The Immigration Department (USCIS) makes mistakes too. Particularly in EB-1A Extraordinary Ability Green Card cases. Unfortunately, it is not unusual.

For the EB-1a Green Card, you initially have to show in at least 3 different criteria established by law that the Applicant is one of the top few in their field. One of these criteria is providing evidence that your work has been displayed at artistic exhibitions or showcases.

In a recently appealed case of a Musical Director that USCIS denied, the Administrative Appeals Office (AAO) corrected a USCIS Officer who found that this criterion is solely for visual artists, not performing artists. 

This fact seems clear from the wording of the regulation. However, in practice, when dealing with the agency, we regularly have to interact with officers that have varying levels of understanding of the rules or choose to interpret them differently. 

Sometimes an appeal or lawsuit to challenge this, meaning months and thousands of dollars in extra costs. 

This is always why it is impossible to guarantee the results of a case because we never know how the government will interpret the facts and the law.

To learn more, join the EB-1A Extraordinary Playbook: a detailed seminar going through the A-Z of the EB-1A process and everything else you need to know about this Green Card category every Friday at 10:30 AM Pacific time for the rest of this quarter. 

Just message me with your name and email address to register.

#Immigration #GreenCard #EB1A

Case: https://www.uscis.gov/sites/default/files/err/B2%20-%20Aliens%20with%20Extraordinary%20Ability/Decisions_Issued_in_2022/MAY312022_01B2203.pdf