Our NIW Case Process and Timeline

Please see separately attached document “NIW Case Process and Timeline”.

  • Business Specialist, Executives and Entrepreneur’s NIW Petition

Successful business executive business executives or entrepreneur might have significantly contributed to their company or their employer by creating management methodologies, internal protocols, marketing strategies, financial plans to increase sales or improve financial status. There is no doubt that their skills and achievement will greatly benefit the United States. However, as extraordinary business management comes from practical experience instead of theoretical research, few documentations would be generated during management process, which create challenges for these business executive and entrepreneur to prove their case.

With over a decade of practice experience and has represented hundreds of clients in NIW petition, our firm became specialized in handling employment-based self-petition cases for business executives and entrepreneur in both NIW and EB1A petition. Below please see some of our case scenario.

Scenario 1:

Client Ms. L is a market and management analyst, who once worked for the China office of one of the largest US commercial real estate service firm as a Senior Analyst and Development Advisory. Ms. L has an MBA degree and a Master of Tourism Administration degree.  At the time she came to us for evaluation, she was working for a US local real estate investment firm.  She has no publications, media coverage, patents nor judging experience. But during the time she worked for the China office of US commercial real estate service firm, she participated in multiple international real estate projects and facilitated project implementation and improved project results  After evaluation, we recommended her to file both NIW and EB1A petitions and guided her through the document preparation process. Our documentation evidence focused on her work products, including project reports and presentations, and recommendation letters form experts in the field form both China and the US. On 10/15/2018 (about two months after filing), both her NIW and EB1A were approved without request for additional evidence (RFE).

Scenario 2:

Client Mr. L is an entrepreneur, who started his consulting company in 2007 in China, focusing on resource recycling and waste & scrap processing solutions.  Mr. L holds a Bachelor of Law degree from China. He does not hold an advanced degree.  Mr. L did not publish any articles, but had helped draft national industrial standards and was featured in a few online media reports. In addition, his company has secured more than 1000 clients worldwide, including 160+ US clients. After evaluation, we recommended him to file NIW petition and guided him through document preparation process.  On 01/30/2019 (about 6 months after filing), we receive the approval notice.

Scenario 3:

Client Mr. H is a Marketing Director of a real estate company in China. He completed a Bachelor’s program for Associate Degree holder in Business Administration (not an actual Bachelor’s degree) from China.  Mr. H has no Bachelor’s or Master’s degree.  At the time of consultation, Mr. H did not publish any articles, was not featured by any media, nor has he participated in any judging activities. His primary achievements in real estate marketing are creating innovative and effective marketing strategies and sales models to sell tens of thousands of houses or apartments in a short period of time, generating significant revenue for his employer. After evaluation, we recommended him to try NIW. Mr. H and our attorneys worked closely to gather supporting documents and filed the case on 05/04/2018. On 04/04/2019 (due to delay caused by USCIS error), we received a request for additional evidence (RFE) from USCIS, questioning Mr. H’s advanced degree. In order to meet the Service’s request, we contacted an US education evaluation institution to provide a credential report, which recognized Mr. H’s Bachelor’s program as equivalent to US Bachelor’s degree. We indicated to USCIS that with this evaluation report plus 5-year work experience, Mr. H therefore satisfied the Advanced Degree requirement. We also pointed out to USCIS that even assuming that Mr. H does not hold an Advanced Degree, we have demonstrated his exceptional ability by providing documents satisfying at least two out of six evidential criteria.  Therefore, Mr. H is eligible for NIW category.  Mr. Hu’s petition was eventually approved on 06/12/2019, within only one week after we submitted the RFE response.