Mohamed is a financial expert from Egypt. He has over a decade of experience in big projects supporting the industry. This article is a summary of the conversation I had with him for my YouTube channel. In the interview, I asked him about his profile, his proposed endeavor for the United States, what type of evidence he used, his timeline and what advice he has to offer for others in a similar journey.
I do not know Mohamed personally, he sent me an email once he received his I-140 approval this week. If you are in a similar position – you have been approved after watching my videos or using the material on this website, please contact me at oscar (at) eb2niw.info so this community can learn from your experience.
Mohamed’s background – a business and finance professional
Mohamed graduated in 2006 in Egypt, where he was in the top 10 in his University class. He worked in government first, and then decided to move to Dubai in a small company in the private sector. Looking for better opportunities, in 2011 he joined a bigger company in the automotive and industrial field in the Jebel Ali Free Zone. He resigned from this position ten years later, in 2021, when he decided it was time for an American adventure. In this bigger company, though, Mohamed found the opportunities he had been looking for, as he obtained several promotions, from Senior accountant, to Finance Manager, to Finance Director.
Mohamed’s visa status: a special case
He entered the US under a visitor visa (B1/B2). This is a visa with nonimmigrant intent, so one must be careful when filing immigrant petitions. For example, now that Mohamed’s petition has been approved, he must make sure that he complies with the 90-day rule. Even though this rule is no longer in effect formally, it is still seen as a guideline by the authorities. USCIS would probably decline Mohamed’s adjustment of status application if he files for it before 90 days have passed since he entered the country. After 90 days in the US, the USCIS consider that even though he entered with nonimmigrant intent, “life happens” and they acknowledge that the applicant’s situation may have changed, therefore being a bit more permissible in accepting the adjustment of status.
How Mohamed prepared himself for EB2 NIW application
In the interview, Mohamed explained that he watched a lot of the videos out of my YouTube channel. In fact, when he arrived to the US he was unaware of this EB2 NIW green card path that he could use. Through the videos, he got to know this National Interest Waiver, understood the requirements, and realized he could apply. He mentioned that a few lawyers he had contacted offered other solutions but no one mentioned the route he ultimately took. Later, he downloaded my EB-2 NIW petition and learned how a successful case was put together, and used it to his advantage. He ended up hiring a lawyer in the Houston area, and even her attorney was positively surprised about Mohamed’s preparation!
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Mohamed’s strategy for the EB-2 NIW petition
General EB-2 requirement
Mohamed could qualify as Advanced Degree holder because even though he does not hold a Master or Ph.D. , he has a Bachelor and at least 5 years of progressive, post-graduation experience. In fact, he had well over 10 years of experience in the field, as mentioned above. In the interview he mentioned he also argued he was a person of Exceptional Ability because he could meet 5 out of the 6 regulatory criteria (only 3 are needed). However, as a note for our readers, only one route is necessary in this part of the petition. If one qualifies under the advanced degree route, they do not need to prove exceptional ability. The credentials for exceptional ability can be used to argue Prong #2 (well-positioned).
Prong #1: The proposed endeavor has Substantial Merit and National Importance
Prong #2: Well-positioned to advance the proposed endeavor
- Attendance to conferences, seminars… he used photos and e-mails proving he had been invited to participate
- Business Plan. A plan shows the USCIS an applicant is well positioned because he knows what he will do in the US and how he will succeed in his endeavor.
- Letters of recommendation. He had 2 independent letters and 4 subjective recommendations to show he is a reputable member of his profession.
Mohamed’s timeline for EB-2 NIW
- Started preparation of his petition: December 20, 2022
- I-140 filing date (with premium processing): February 14, 2023
- I-140 approval date: March 1, 2023
Next step: adjustment of status
Mohamed’s advice to others
In our conversation, Mohamed offered some advice to EB2 NIW applicants that our readers may find useful:
- Do not listen to untrusted sources of information. There are many people out there and not everyone knows the subject well. Be careful about who you listen to, and trust your gut feeling.
- Identify your goal and evaluate if you qualify. You are the best person to determine if you can meet the requirements for this green card category.
- You can prepare by looking at a successful case. Mohamed downloaded my own I-140 petition to see how to craft a good petition. He compared his documents against mine to strengthen his application, understanding that each profile is different, but that there are ways to argue that are common to every case.
- If you use a lawyer, do not think they will replace you. You will need to work hard. Mohamed stressed out that putting together a strong petition means spending a lot of hours on the documents, and many sleepless nights. The lawyer is presenting your case, not replacing you.
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