Foto Legal

Call Directions Website Contact the business

Foto Legal Immigration Law Firm

Prong two comes up again and again in EB-2 NIW RFE threads: are you well positioned to advance your proposed endeavor?Pr...
10/23/2026

Prong two comes up again and again in EB-2 NIW RFE threads: are you well positioned to advance your proposed endeavor?

Prong one is about the work. Prong two is about you. USCIS weighs factors including:
→ Your education, skills, knowledge and record of success in related or similar efforts
→ A model or plan for future work on the endeavor
→ Progress you've made toward it
→ Interest from potential customers, users, investors or other relevant people or entities

These factors guide the review. They are not a required checklist.

The evidence should document your past achievements and explain how they connect to the proposed endeavor. A strong citation history is one type of evidence USCIS lists, alongside things like patents, media reports, letters from U.S. government agencies, investment, and contracts. No single type is required, or enough on its own.

You don't have to prove the endeavor will probably succeed. You must still prove you are well positioned by a preponderance of the evidence. Unsupported claims are not enough.

Prong two is one of three. Every EB-2 NIW also needs an endeavor with substantial merit and national importance, and a showing that, on balance, waiving the job offer and labor certification would benefit the U.S.

Source: USCIS Policy Manual, Vol. 6, Part F, Ch. 5.

Request a free CV review: https://fotolegalfirm.com/evaluation

Foto Legal LLC · Joseph M. Foto, Louisiana

"I'm a director, so I meet the leading role criterion." Not on the title alone.This EB-1A criterion asks for a leading o...
10/23/2026

"I'm a director, so I meet the leading role criterion." Not on the title alone.

This EB-1A criterion asks for a leading or critical role for an organization or establishment with a distinguished reputation. USCIS evaluates both showings. If you rely on a division or department, show that unit's distinguished reputation.

1. The role.
→ Leading: you are, or were, a leader in the organization, division, or department. A title helps when the duties match.
→ Critical: your work was of significant importance to the outcome of its activities. A supporting role can count. Your performance matters, not just your title.

2. The reputation.
→ Size and age alone don't settle it.
→ Relevant evidence can include media coverage, customer base, and, for academic institutions or departments, rankings and government research grants.

Detailed letters from people who know your role firsthand can help, when they explain specifically how your role was leading or critical. Support those accounts with records.

This is one criterion of ten. Meeting three is step one. USCIS then weighs the whole record in a final merits determination.

Sources: 8 CFR 204.5(h)(3)(viii); USCIS Policy Manual, Vol. 6, Part F, Ch. 2.

Request a free CV review: https://fotolegalfirm.com/evaluation

Foto Legal LLC · Joseph M. Foto, Louisiana

"EB-1A or EB-2 NIW?" is one of the most common questions from applicants with strong records. Some records support filin...
10/23/2026

"EB-1A or EB-2 NIW?" is one of the most common questions from applicants with strong records. Some records support filing both.

They're two separate I-140 petitions, each with its own standard. EB-1A requires extraordinary ability: a major international award or evidence for at least 3 of 10 criteria, then a final merits review of the whole record. EB-2 NIW requires an advanced degree or exceptional ability, plus the three-prong waiver test.

Why timing matters: in the October 2026 Visa Bulletin, for every country except China and India, EB-1 is current. EB-2 has a final action date of Jan. 1, 2025 and a date for filing of Mar. 15, 2026. These dates do not limit I-140 filing. For adjustment of status, check USCIS's monthly chart.

How priority dates work across both:
→ With two approved petitions, you generally keep the earliest priority date.
→ An approved petition's date can also carry over to a later qualifying EB-1 or EB-2 petition.
→ A denied petition establishes no priority date.
→ An approved petition's date can be lost if USCIS revokes approval for fraud, willful misrepresentation of a material fact, or approval based on material error.

Two petitions won't fix a thin record. Each must meet its own standard based on the evidence submitted, so the first question is what your record supports.

Sources: 8 CFR 204.5(e), (h) and (k); October 2026 Visa Bulletin; USCIS Adjustment of Status Filing Charts.

Request a free CV review: https://fotolegalfirm.com/evaluation

Foto Legal LLC · Joseph M. Foto, Louisiana

"Reviewer for several journals." If that's on your CV, here's how it fits EB-1A.It can count. Judging the work of others...
10/19/2026

"Reviewer for several journals." If that's on your CV, here's how it fits EB-1A.

It can count. Judging the work of others in your field, alone or on a panel, is one of the 10 EB-1A criteria.

Examples USCIS lists:
→ Peer review for a scholarly journal
→ Reviewing abstracts or papers for scholarly conferences
→ Serving on a Ph.D. dissertation committee that makes the final decision
→ Reviewing for government research funding programs

The catch is proof. An invitation alone isn't enough. USCIS looks for evidence that you actually did the judging, such as the journal's request plus confirmation that you completed the review.

And remember the two steps. Meeting the criteria is step one. USCIS then weighs the whole record in a final merits review, so explain why your judging work matters in your field.

Source: 8 CFR 204.5(h)(3)(iv); USCIS Policy Manual, Vol. 6, Part F, Ch. 2.

Request a free CV review: https://fotolegalfirm.com/evaluation

Foto Legal LLC · Joseph M. Foto, Covington, LA

USCIS changes how it handles one kind of filing deadline on October 23, 2026.What stays the same: when a deadline is cou...
10/16/2026

USCIS changes how it handles one kind of filing deadline on October 23, 2026.

What stays the same: when a deadline is counted in days by statute, regulation or form instructions, weekends and holidays count. But if the last day falls on a Saturday, Sunday or federal holiday, a paper filing is on time if USCIS receives it by the end of the next business day.

That covers deadlines like the response to a notice of intent to deny (up to 30 days) or most appeals (30 days, or 33 if the decision was mailed).

What changes: deadlines tied to an eligibility event, like filing before someone's 21st birthday, aren't day counts. Since 2023, USCIS had rolled those to the next business day too. For paper filings received on or after October 23, 2026, it won't.

Filing online? There's no extra day. USCIS treats an electronic filing as received the moment it's submitted.

The safe habit hasn't changed. Find the real last day and file before it. For paper filings, USCIS looks at when it received the filing, not when you mailed it.

Source: USCIS Policy Alert PA-2026-15.

Request a free CV review: https://fotolegalfirm.com/evaluation

"Should I pay for premium processing?" comes up often, especially from people whose NIW has been pending for a long time...
10/15/2026

"Should I pay for premium processing?" comes up often, especially from people whose NIW has been pending for a long time.

Here's what it actually buys.

Premium processing is a USCIS promise to take action on your I-140 within a set time: 15 business days for EB-1A, 45 business days for NIW. It's a separate government fee on top of the filing fee.

"Action" doesn't mean approval. It can be an approval, a Request for Evidence, a notice of intent to deny, or a denial. If USCIS asks for more evidence, the clock stops and starts over after your response.

It doesn't change the standard. The officer applies the same law to the same record, just sooner.

That matters more now. Since August 2026, USCIS can deny without sending an RFE first when required initial evidence is missing. A fast decision on an incomplete record can be a fast denial.

If your petition is already pending, you can ask to upgrade it. Before you do, it's worth knowing whether the record you filed holds up.

Request a free CV review: https://fotolegalfirm.com/evaluation

Foto Legal LLC · Joseph M. Foto, Covington, LA

The most important paragraph in an NIW petition is often the shortest: your proposed endeavor.It's the specific work you...
10/15/2026

The most important paragraph in an NIW petition is often the shortest: your proposed endeavor.

It's the specific work you plan to do in the U.S. It's narrower than your occupation. In Matter of Dhanasar, the occupation was engineer. The endeavor was research and development on air and space propulsion systems.

A quick way to draft yours. Answer three questions:
→ What problem will you work on?
→ What, specifically, will you do?
→ Who benefits, and how?

Then test it:
• Too vague? "Advance AI" says nothing. Name the problem.
• Too broad? "Improve healthcare" describes a field, not your work.
• A job title? "Work as a data scientist" is an occupation. USCIS looks at what you will be doing.

An important field isn't the same as national importance. Officers focus on the potential impact of your specific endeavor.

Finally, point every exhibit at the plan. Degrees, results, citations, letters and funding should show you're well positioned to carry it out.

That sets up the three questions every NIW answers:
1. Does the work have substantial merit and national importance?
2. Are you well positioned to advance it?
3. On balance, would waiving the job offer and labor certification benefit the U.S.?

Save this for when you draft yours.

Request a free CV review: https://fotolegalfirm.com/evaluation

Foto Legal LLC · Joseph M. Foto, Covington, LA

Meeting three EB-1A criteria gets you to the starting line, not the finish.USCIS checks the criteria first. Then it weig...
10/14/2026

Meeting three EB-1A criteria gets you to the starting line, not the finish.

USCIS checks the criteria first. Then it weighs the whole record: are you among the small percentage at the very top of your field?

Request a free CV review: fotolegalfirm.com/consult?utm_source=facebook

Foto Legal LLC · Joseph M. Foto, Covington, LA

12/04/2024

We are your passport to America.
We are Foto Legal.

We understand that relationships can come to an end, and these moments can be challenging for anyone. But have you ever ...
08/17/2024

We understand that relationships can come to an end, and these moments can be challenging for anyone. But have you ever considered how a divorce might affect your Green Card status if it was obtained through marriage?

If you're facing these questions or need guidance on how to proceed with your specific situation, click the link in our bio to get in touch with our team.

Address

1404 Greengate Drive Suite 200
Covington, LA
70433

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+19852764490

Website

Alerts

Be the first to know and let us send you an email when Foto Legal posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Business

Send a message to Foto Legal:

Shortcuts

Share

Category