Thanks for this review and update. With respect, I believe that there has been a major change which you did not discuss. This is with respect to the Advanced Degree. Previously, people were assuming that evidence of an advanced degree in the area of their proposed endeavour was sufficient. This is no longer the case! The new policy manual states: “Mere possession of an advanced degree or its equivalent is not sufficient for establishing a beneficiary’s eligibility for this classification. The petitioner must also demonstrate that the position… requires a professional holding an advanced degree or the equivalent”. The new guidance gives the example of a nurse and states that even if the individual is in possession of an advanced degree, they will not be eligible for EB2 NIW because the profession of nursing does not require such advanced degree. Therefore, will it not be important for new petitioners to now include evidence that a bachelor’s degree is not sufficient for the work proposed in their endeavour? Appreciate your thoughts. Thanks again
Hi! That paragraph was already there in the previous version of the manual. In this video I was discussing changes. You can still see it because they have not incorporated the new text on the website (as of now). Keep in mind that the chapter does not exclusively affect NIW but EB-2 in general (I should have said that in the video), and that paragraph has been applied to sponsored EB-2 adjudications but not NIWs.
that being said, there's never certainty that it could not be applied to NIW in the future since it is there. It's just not the case today with the same language in the manual, so I am hopeful they will continue applying the same standard.
@Jasper, i agree with Oscar, the USCIS policy manual statement you quoted is not new. USCIS discussed two professions to explain this point, namely: the nursing profession and that of medical doctors. It further relied on information from Bureau of Labour statistics to support its position. For example, USCIS stated that it is not all proposed endeavor within the nursing profession that can qualify for an advanced degree requirement under EB2 as there are certain endeavor within the nursing profession that requires a lesser qualification than an advanced degree in which case other classification like EB3 may be the appropriate route to get the approval.
Hi Oscar, always helpful information thank you for that! I applied for EB2 NIWwith normal process back in December 2023 but then I decided to pay PP this November 2024, because there wasn’t any action on my case. Now I am literally on my 43rd work day, still no response. This is frustrating.
I am noticing a trend of sending RFE to researchers in STEM. Earlier a STEM researcher used to be highly suitable and if the petition is well written, it was almost a confirmed case. However, now I see many petitioners sharing their RFEs that imply minimal knowledge of the officer handling their cases.
There´s certainly been a change in adjudication over the past few months. But it is also true not all petitions are well put together. It does not matter if you are STEM or have a great profile, the petition must be crafted correctly to help the officer understand
@@OscarsGreenCard "petitions are well put together" in my humble opinion the subjectivity of this whole system is an issue. I saw an RFE where the officer said that the applicant has many citations but that doesn't prove that the applicant is "extraordinary" because all researchers publish papers and get citations (in that case even the president of US is not extraordinary because he did things that presidents usually do? where is the line?). On the other hand, I know a few who had a very very basic profile, all exaggerated via Chat GPT and still got accepted in one go.
Hi, Oscar. You said that "labor shortage" is a red flag for officers. What if the field a person works is the one where there is a shortage, but the model this person is hired is by being an independent entrepreneurs. Let's say (and it is indeed so) there are no companies and organizations that hire these people as employees, but as independent contractors. (I'm implying sports officials (refferries)). Will labour shortage be reasonable thing to include in the case?
No, labor shortage is never a good argument for national importance or the waiver itself. You can watch the dedicated video with examples ua-cam.com/video/Iz5obG4oJt8/v-deo.html
Hi @Oscar thanks for the video, just a simple question if one has an engineering degree and then an MBA can the person claim advanced degree in this case if the endeavour and prior experience is related to MBA degree?
What do you think about bachelor degree in Engineering and Master in business and occupation on Engineering? I mean there is a changes on this matter :(
I've done masters in human physiology & with over 17 years of continuous experience as a teacher & coordinator of science & mathematics of grade 2-4, are there any chances of my petition to be get approved??
Muchas Gracias Oscar, bien investigado, excelente descripcion a detalle y con tu punto de vista.. aunque mi proceso lo estoy llevando con abogado, disfruto mucho tu contenido, es muy informativo y actualizado.. Saludos!
✅ Link to EB2 NIW online course payhip.com/b/gfuRU
👉🏼Link to RFE course for NIW payhip.com/b/x6doI
☑ Link to EB-1A online course payhip.com/b/mkQln
As always i like your honesty, summary is in upfront which we normally didn't see in other videos
Thanks for explicit analysis Oscar.
Thanks for this review and update. With respect, I believe that there has been a major change which you did not discuss. This is with respect to the Advanced Degree. Previously, people were assuming that evidence of an advanced degree in the area of their proposed endeavour was sufficient. This is no longer the case! The new policy manual states:
“Mere possession of an advanced degree or its equivalent is not sufficient for establishing a beneficiary’s eligibility for this classification. The petitioner must also demonstrate that the position… requires a professional holding an advanced degree or the equivalent”.
The new guidance gives the example of a nurse and states that even if the individual is in possession of an advanced degree, they will not be eligible for EB2 NIW because the profession of nursing does not require such advanced degree.
Therefore, will it not be important for new petitioners to now include evidence that a bachelor’s degree is not sufficient for the work proposed in their endeavour?
Appreciate your thoughts. Thanks again
Hi! That paragraph was already there in the previous version of the manual. In this video I was discussing changes. You can still see it because they have not incorporated the new text on the website (as of now). Keep in mind that the chapter does not exclusively affect NIW but EB-2 in general (I should have said that in the video), and that paragraph has been applied to sponsored EB-2 adjudications but not NIWs.
that being said, there's never certainty that it could not be applied to NIW in the future since it is there. It's just not the case today with the same language in the manual, so I am hopeful they will continue applying the same standard.
Ok thanks, sorry, I thought it was new wording! (Would help if they marked up changes)
@Jasper-h9o I know!
@Jasper, i agree with Oscar, the USCIS policy manual statement you quoted is not new. USCIS discussed two professions to explain this point, namely: the nursing profession and that of medical doctors. It further relied on information from Bureau of Labour statistics to support its position. For example, USCIS stated that it is not all proposed endeavor within the nursing profession that can qualify for an advanced degree requirement under EB2 as there are certain endeavor within the nursing profession that requires a lesser qualification than an advanced degree in which case other classification like EB3 may be the appropriate route to get the approval.
Thanks, Oscar, for the regular updates.
You're welcome!
Will these changes affect people with i-140 approved but waiting for their visas through consular process? Thanks
Hi Oscar, always helpful information thank you for that! I applied for EB2 NIWwith normal process back in December 2023 but then I decided to pay PP this November 2024, because there wasn’t any action on my case. Now I am literally on my 43rd work day, still no response. This is frustrating.
I am noticing a trend of sending RFE to researchers in STEM. Earlier a STEM researcher used to be highly suitable and if the petition is well written, it was almost a confirmed case. However, now I see many petitioners sharing their RFEs that imply minimal knowledge of the officer handling their cases.
There´s certainly been a change in adjudication over the past few months. But it is also true not all petitions are well put together. It does not matter if you are STEM or have a great profile, the petition must be crafted correctly to help the officer understand
@@OscarsGreenCard "petitions are well put together" in my humble opinion the subjectivity of this whole system is an issue. I saw an RFE where the officer said that the applicant has many citations but that doesn't prove that the applicant is "extraordinary" because all researchers publish papers and get citations (in that case even the president of US is not extraordinary because he did things that presidents usually do? where is the line?). On the other hand, I know a few who had a very very basic profile, all exaggerated via Chat GPT and still got accepted in one go.
Hi, Oscar. You said that "labor shortage" is a red flag for officers. What if the field a person works is the one where there is a shortage, but the model this person is hired is by being an independent entrepreneurs.
Let's say (and it is indeed so) there are no companies and organizations that hire these people as employees, but as independent contractors. (I'm implying sports officials (refferries)). Will labour shortage be reasonable thing to include in the case?
No, labor shortage is never a good argument for national importance or the waiver itself. You can watch the dedicated video with examples ua-cam.com/video/Iz5obG4oJt8/v-deo.html
Hi @Oscar thanks for the video, just a simple question if one has an engineering degree and then an MBA can the person claim advanced degree in this case if the endeavour and prior experience is related to MBA degree?
What do you think about bachelor degree in Engineering and Master in business and occupation on Engineering? I mean there is a changes on this matter :(
Hi Oscar. Do you think the proposed endeavors related to research on climate change will niw face challenges on approval?
I've done masters in human physiology & with over 17 years of continuous experience as a teacher & coordinator of science & mathematics of grade 2-4, are there any chances of my petition to be get approved??
How a software engineer with bachelor's degree effect with this change if he or she has 5 years plus experience and can get recommendations?
Muchas Gracias Oscar, bien investigado, excelente descripcion a detalle y con tu punto de vista.. aunque mi proceso lo estoy llevando con abogado, disfruto mucho tu contenido, es muy informativo y actualizado.. Saludos!
I guess this will be applied in the coming weeks regardless of when the I-140 has been submitted
It will be applied immediately as said in the video (and on the policy alert)
That's what I understood. Even if the application is pending.
Are you updating your course based on that?
Please see the conclusion at the end