I encountered some confusion in Oscar Green's EB-1A petition, particularly in the cover letter, where elements from the EB-2 NIW (National Interest Waiver) context were integrated erroneously.
It's essential to understand that the Labor Certification form is not a mandatory document for the EB1A package.
For those following Oscar Green's Green Card YouTube channel, it is advisable to conduct thorough research before filing an EB-1A petition. Providing irrelevant information can potentially confuse AAO adjudicators, especially when processing I-140 petitions through premium processing.
In the context of EB-1A, the Labor Certification is not a mandatory component of the I-140 package. This deviation from the correct procedure may have led to confusion, given that EB-1A and EB-2 NIW are distinct immigration categories with different eligibility criteria. EB-1A is designed for individuals with extraordinary abilities in their field, whereas EB-2 NIW is tailored for those whose work is deemed to be in the national interest, allowing for a waiver of the job offer and labor certification requirements. This distinction is underscored by the USCIS website, which explicitly states the requirement of a national interest waiver for EB-2: "Those seeking a national interest waiver are requesting that the job offer, and thus the labor certification, be waived because it is in the interest of the United States. The endeavors that qualify for a national interest waiver are not defined by statute; instead, USCIS considers the 3 factors below. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them)."
If you have encountered challenges comprehending or aligning with the content of Oscar Green's petition, it is imperative to rectify any discrepancies by strictly adhering to the guidelines and requirements outlined by USCIS for the specific category of EB-1A. Accuracy and alignment with the correct visa category are paramount for a successful petition.
