Key Responsibilities:
- EB-2 National Interest Waiver (NIW) Petitions:
- Advise clients on eligibility for EB-2 NIW petitions, which allow individuals with advanced degrees or exceptional ability in their field to bypass the employer sponsorship requirement.
- Prepare and file comprehensive EB-2 NIW petitions that demonstrate how the client’s work benefits the national interest of the United States.
- Draft and compile supporting documentation to establish the client’s eligibility, including evidence of academic qualifications, professional experience, publications, and letters of recommendation from recognized experts in the field.
- Ensure timely submission of petitions and manage correspondence with the U.S. Citizenship and Immigration Services (USCIS), addressing any Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).
- O-1 Visa Applications:
- Assist clients in preparing and filing O-1 visa petitions for individuals with extraordinary ability or achievement in their field (science, arts, business, athletics, education, etc.).
- Evaluate and guide clients on the documentation needed to prove extraordinary ability, such as awards, publications, media recognition, and significant contributions to the field.
- Draft persuasive petitions, letters of recommendation, and supporting documents that demonstrate the client’s extraordinary ability and potential to continue their work in the U.S.
- Represent clients before USCIS and provide ongoing support throughout the process to ensure successful visa approval.
- Client Consultation and Strategy Development:
- Conduct in-depth consultations with clients to assess their eligibility for EB-2 NIW or O-1 visas, and recommend the best immigration pathway based on their qualifications and career goals.
- Develop personalized strategies for clients based on their background, field of expertise, and long-term immigration goals, including permanent residency or visa extensions.
- Advise clients on maintaining lawful status, renewing visas, and navigating any issues that arise during the immigration process.
- Legal Research and Case Analysis:
- Stay current with evolving U.S. immigration laws, policies, and procedures related to EB-2 NIW, O-1, and other employment-based immigration options.
- Analyze complex immigration scenarios and provide strategic advice on how to address specific challenges, including overcoming potential grounds of inadmissibility or issues with prior visa history.
- Immigration Court and Appeals:
- Prepare briefs and arguments for any appeals related to EB-2 NIW or O-1 denials, working to resolve adverse decisions and ensure the best possible outcome for the client.
- Documentation and Compliance:
- Prepare, review, and ensure the accuracy of immigration documents, including visa petitions, supporting evidence, affidavits, and client affidavits.
- Help clients understand and comply with U.S. immigration regulations, advising them on work permits, extensions, and changes of status.
- Client Communication and Case Management:
- Maintain regular communication with clients to provide updates on the status of their cases and respond promptly to inquiries.
- Use case management software to track deadlines, ensure timely submission of applications, and manage a high caseload with efficiency and attention to detail.
Key Qualifications:
- Education:
- J.D. (Juris Doctor) degree from an accredited law school.
- Admission to the Bar in the state where the attorney practices (or eligibility to practice law in the relevant state).
- Experience:
- Minimum of 3+ years of experience practicing U.S. immigration law, with a focus on EB-2 National Interest Waiver (NIW) and O-1 Visa petitions.
- Proven experience in preparing and filing EB-2 NIW petitions, O-1 visa applications, and employment-based immigration petitions.
- Experience in handling complex cases involving extraordinary ability, national interest, or exceptional talent in various fields.
- Skills:
- Strong knowledge of U.S. immigration law and employment-based immigration options, particularly EB-2 NIW and O-1 visa processes.
- Excellent writing skills, including the ability to draft compelling legal arguments, petitions, and supporting documentation.
- Strong research skills to identify relevant laws, regulations, and case law to support client petitions.
- Effective communication and client-facing skills, with the ability to explain complex immigration matters clearly.
- Highly organized with the ability to manage multiple cases and deadlines simultaneously.