Avoid the EB2 National Interest Waiver!
We have recent inquiries as to why OMS does not do the NIW.
Thoughts of an experienced immigration lawyer, by Shayne Epstein, Esq.
Common Sense: Ask yourself, do I qualify?
Do I have exceptional ability?
Have I received international awards?
Am I at the top of my field?
Is what I offer so unique that what I do will rise to the level of “US national importance?”
The NIW is not warranted to ease a labor shortage, like a pilot shortage.
While your pilot skills are important they are not so unique that US government is willing to grant the greencard and potentially displace an American from a job. The proper solution is to obtain a job offer and follow a traditional reliable immigration process.
The tide is changing and USCIS has been and will continue to deny more NIW cases as the NIW category is abused.
Unscrupulous lawyers market the NIW as a quick greencard solution. Although the employment authorization is approved quickly in the long run the greencard is often denied leaving client “out of status” with a revoked student and tourist visa.
Inform yourself with examples:
Chemical engineer who developed clean energy technology APPROVED.
Aeorspace Case DENIED.
Can you try an EB2 NIW? Yes, but be warned: if denied you will lose status and your tourist visa.
OMS strongly believes that the general population of foreign pilots do not qualify for EB2, and the vast majority will not have successful outcomes. We don’t take those kinds of risks with our candidates, and we stand strongly behind our processing which we have had great success with.
