If you are going through the EB2 national interest waiver green card petition process, you might be able to show USCIS that you are well positioned to achieve your goals in the United States in a variety of ways. One straightforward method to demonstrate that you are well positioned is by providing evidence of earning a high salary.
Since you are probably aware of the cost of an EB2 NIW filing costs and attorney billing, you are likely to command a fairly high level of compensation if you can afford these fees. The key; however, is to show the USCIS officer that you earn more than your peers.
How to Show Evidence of High Salary
USCIS officers have become accustomed to seeing certain documents as evidence of high salary and offering too many pieces of random paperwork can create confusion, doing more harm than good. Compelling documents include a W-2 tax form accompanied by paystubs for the portion of a year for which a W-2 is not yet available.
More speculative documents, such as a letter of offer of employment or agreement for stock options, tend to serve better as supplements to a W-2 and paycheck receipts, rather than being the sole examples of high salary.
How to show high salary compared to peers
Requests for Evidence from USCIS tend to consist of copied–and-pasted paragraphs that are common among the immigration petitions of a certain type. RFEs for an EB-2 NIW that cite high salary as an example of a green card candidate being well positioned tend to question the ways that salaries are compared to others.
General Salary Comparison to Peers
Many foreign nationals find the average salary for their profession from the U.S. Bureau of Labor Statistics. Additionally, O*Net, which provides a position’s SOC code, has a companion site called My Next Move.
Here, one can locate both the median salary for a particular role in the United States, as well as the highest salaries. However, there are additional ways to demonstrate high salary compared to peers with more specificity.
Salary Comparisons Based on Location and Experience
Job search websites such as Glassdoor, Indeed, and LinkedIn have a feature where someone can check salaries for certain roles in particular parts of the United States. Finding salary data for the exact city or metropolitan area where an EB2 NIW beneficiary works provides a more specific comparison to their own.
Additionally, if available, a foreign national can also provide USCIS with information on the average and highest salaries in their particular industry and/or with their number of years of experience. Providing this information with an EB-2 NIW petition letter and Form I-140 can help to avoid an RFE from USCIS.
Ask an immigration lawyer near you for help.
Although foreign nationals can self-petition for a national interest waiver, sometimes it can be worth it to retain an immigration lawyer who handles EB-2 NIW petitions on a regular basis. If you are interested in finding out if the national interest waiver might be a strong immigration option for you, you might consider taking our quiz or contacting us directly.
Since there is currently no option for premium processing of an EB-2 national interest waiver petition, and there is an immigration backlog at USCIS service centers, by the time you adjust your status to a green card, your once little kids could now be preteens.
Therefore, if your child was in early elementary school when you filed your Form I-140, and then it took 2 ½ years to get your EB-2 NIW petition approved, adjust status, and then receive your green cards for you and your family, there may soon be a need to replace the green card for one or more of your offspring. Fortunately, replacing a green card is fairly simple, and it begins with Form I-90.
What is a Form I-90?
An I-90 form is called an Application to Renew or Replace Permanent Resident Card. According to USCIS, some of the reasons for replacing a green card that might be applicable to an I-140 beneficiary or derivative child include:
Replacing a Green Card after Age 14
Young lawful permanent residents must replace their green card after they turn 14, unless their green card expires before they will turn 16. That means the child of an approved EB2 NIW recipient who adjusts their status at a young age might need to replace their green card when they reach high school.
Generally, the I-90 can be submitted to USCIS online after creating an account or by mail, FedEx, DHL, or UPS to the Phoenix Service Center. However, green card holders who are applying for a waiver of the filing fee are not permitted to file the I-90 online.
Avoiding fraud by making sure a communication came from USCIS
Some fraudulent actors have been known to send fake emails to green card holders to invite them to renew or replace their permanent resident card via a Form I-90. Although the USCIS does sometimes contact persons with LPR status via email or text, it is important to check the communication to make sure it is authentic.
Emails and texts from the USCIS about the Form I-90 should include links ending in .gov that take you directly to the USCIS website. Otherwise, the message may be an immigration scam.
Ask your EB-2 NIW Attorney
Most EB-2 NIW green card attorneys keep an eye on the ages of the children of their approved clients who adjust status and receive green cards. However, when a child nears the age of 14, it is prudent to contact the immigration lawyer about replacing their green card if necessary.
The other option is to create a USCIS account and complete Form I-90 for your teenager yourself. If you are not sure about whether filing to replace the green card applies to your family, you can contact the EB2 NIW lawyer who filed your case with USCIS.