MA web design - EB-2 NIW?

Q

Quuipo

New Member
Hello,

I'm currently doing my research to see if I can obtain a EB-2-SIW.

I have a MA degree in european media. I'm a web designer. I don't have research or articles published, however I have received awards and my work has been shown on TV and also in magazines. I have also 9 years experience as a web designer, as employer and as a freelance designer.

Who can advise me - i do not know how my work is in the national interest, other than that i have an unique style that can inspire other designers. Also the shortage of webdesigners in the USA.

your advice is greatly appreciated,
thank you,
Q
 
please elaborate.

Since my profession is not like researchers or scientists I don't have sources to look into for comparison.

So if anybody can advise me I'm very gratful :)
 
Quuipo said:
please elaborate.

Since my profession is not like researchers or scientists I don't have sources to look into for comparison.

So if anybody can advise me I'm very gratful :)
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For NIW, the United States would have to be adversely affected if it had to wait for you to undergo the labor certification process. Web design does not fall into that category. Sorry.

Brian
 
leroythelion said:
For NIW, the United States would have to be adversely affected if it had to wait for you to undergo the labor certification process. Web design does not fall into that category. Sorry.

Brian
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Can you give an example of what in principle it could be? Almost anyone can wait for a while (6 years for H1 at least). So there are just few real advantages of GC vs H1: you can easily change your employer (hardly very important to the nation), your wife can work (so what, how can this affect the nation) and less painful travel abroad. So the only real argument is: I would choose another country to avoid problems with my wife employment and visa issues, unless you give me GC. If you don't do it I leave and the nation would be "adversely affected", just because I want to live a decent life and I worth this small favor due to such and such reasons.

I just want to understand logic of NIW. Thanks for comments.
 
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There's a number of circumstances in which a person is required to be a permanent resident to continue working. Security and defense projects, for example. Every once in a while we see someone here who works on a bona fide defense project (not "my advisor has ARL or DARPA grant"), and these folks have their NIWs approved very quickly.
 
Is there anything but security or defense? I guess with these kind of projects you won't have any problem in any country. I understand that working in a lab that requires clearance for some projcts like LLNL can be used as an argument, but what about other labs and universities?
 
vasilich said:
Is there anything but security or defense? I guess with these kind of projects you won't have any problem in any country. I understand that working in a lab that requires clearance for some projcts like LLNL can be used as an argument, but what about other labs and universities?
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I got mine for working on the pharmaceutical development of oncology and heart arrhythmia drugs. I work for a Big Pharma company.

Brian
 
But how would it "adversely affect" the nation if you would live in H1 status and go through labor certification? Do you want to say that it's enough just to prove that whatever outcome of the labor certification is, the nation would benefit if you state even though someone may loose his jobs and therefore it makes no sense to do the labor certification?
 
vasilich said:
But how would it "adversely affect" the nation if you would live in H1 status and go through labor certification? Do you want to say that it's enough just to prove that whatever outcome of the labor certification is, the nation would benefit if you state even though someone may loose his jobs and therefore it makes no sense to do the labor certification?
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For NIW you have to show (beside a lot of other things) that you are such an expert in whatever you apply for that there is hardly any replacement in the US. The purpose of the NIW process is not, as you write, to push you through the whole process so that someone else might loose his job in the end but it is the other way around. You have to show that by going through LC (which is much more time consuming) that the US might possibly loose you as a future employee and there is nobody in the US with your specialized qualifications who might do your job in the US. This is possible to show in several scientific fields where your work is often highly specialized and hardly anybody works in this field but it is nearly impossible to show this in the field of web design
 
I'm not talking about web design. I just want to understand why Brian couldn't work for the same company in H1 status. I don't see any reason that this could affect the nation in anyway whoever he is. 6 years is enough to go through the labor certification, which as far as I understand is necessary to avoid oversupply of workers. So I still don't see who should qualify for NIW beside some people involved in defense and security related projects, which might require GC in order to be employed. I just want to understand the logic of NIW and not how many people got GC based on NIW.
 
vasilich said:
I'm not talking about web design. I just want to understand why Brian couldn't work for the same company in H1 status. I don't see any reason that this could affect the nation in anyway whoever he is. 6 years is enough to go through the labor certification, which as far as I understand is necessary to avoid oversupply of workers. So I still don't see who should qualify for NIW beside some people involved in defense and security related projects, which might require GC in order to be employed. I just want to understand the logic of NIW and not how many people got GC based on NIW.
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You are assuming that the behavior of USCIS and the rest of the red tape is based on logic. Well, I have a surprise for you, IT IS NOT!

National Interest is not just gauged by defence and security. Healthcare, housing and economy are also categories of national interest. For people with advanced degrees and doing research, LC is not a good way of screening for lack of workers, since there are a significant number of unemployed researchers in the US, while it is in the best interests of this country to retain the best researchers in the world. LC would not work in such a scenario.
 
vasilich said:
I'm not talking about web design. I just want to understand why Brian couldn't work for the same company in H1 status. I don't see any reason that this could affect the nation in anyway whoever he is. 6 years is enough to go through the labor certification, which as far as I understand is necessary to avoid oversupply of workers. So I still don't see who should qualify for NIW beside some people involved in defense and security related projects, which might require GC in order to be employed. I just want to understand the logic of NIW and not how many people got GC based on NIW.
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You are comparing the wrong things. You shouldn't compare NIW and H1B but NIW and LC. The US want to avoid that highly specialized worker don't try to apply for GC because the LC process is so time consuming. Imagine that in some scientific fields there are perhaps only 5-10 experts in the whole world. And you can be sure that these experts will get offers not only from US companies but also from companies around the world. And the US is aware that because the LC process is so timeconsuming in comparison to the process in other countries that such experts wouldn't chose the US companies. To avoid this they introduced the NIW process which speed up the whole GC for such experts significantly. But they sat the hurdles for NIW quite high so that only such experts are able to get the GC on this way. It doesn't matter that 6 years during H-1B are enough to get the LC because if you get enough offers from outside the US why using this long process where you are not able to change the company etc.. I can only speak for myself but I also choose to work in the US because there is the possiblilty to get the GC via OR, EA and NIW.
 
Guys, let me explain my point. Unless we understand logic of the _law_ and it's intension, we cannot argue that we satisfy NIW with certainty. If the law says it should be bad for the country not to grant GC to an expert than what kind of arguments can prove it? So far I see only these:
1) GC is required for employment.
2) the highly specialized worker doesn't like H1B->LC->GC and would leave the country if he is not granted GC with minimal delay.
That's it? Is there a specific law or a precedent that covers (2) as a real argument? I don't mean to say it explicitly in the petition, but it should be obvious though without offending anyone. It doesn't sound as a strong argument to me. Is it all that we have?
 
You're looking at it in a wrong way. The law does not give a precise set of requirements, instead it gives an outline:


"(A) .... Visas shall be made available [...] to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

...the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States. "
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and the case is adjudicated based on this statute, INS internal guidelines and the precedents - such as the infamous NYSDOT case.
 
vasilich said:
Guys, let me explain my point. Unless we understand logic of the _law_ and it's intension, we cannot argue that we satisfy NIW with certainty. If the law says it should be bad for the country not to grant GC to an expert than what kind of arguments can prove it? So far I see only these:
1) GC is required for employment.
2) the highly specialized worker doesn't like H1B->LC->GC and would leave the country if he is not granted GC with minimal delay.
That's it? Is there a specific law or a precedent that covers (2) as a real argument? I don't mean to say it explicitly in the petition, but it should be obvious though without offending anyone. It doesn't sound as a strong argument to me. Is it all that we have?
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You should read a little bit about the background of NIW and the laws behind them. You try to understand it in the wrong way. Here is a short overview (not the best one but juts randomly picked):

http://www.usavisanow.com/nationalinterestwaivergreencardinfo.html
 
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