Importance of Personal Statements in Certain Employment-Based Petitions

Richard Fleischer has been practicing Immigration Law since 1973. He has an international reputation in handling complex National Interest waiver and other Employment-based petitions.  Our Firm will begin a Master’s series from this immigration guru. In general, the two most common ways to obtain legal permanent residence in the United States (symbolized by the so-called “green card” are through certain family members or through employment.

If through employment a potential employer goes through the labor certification process to show, if able, that there are no U.S. workers who are ready, willing and able to be hired for the job.

There are several categories which exceptions are to having the potential employer go through this recruiting process such as Outstanding Researchers and National Interest Waiver cases. No test of the labor market is needed for these categories, but the regulations and case law require proof that the elements of each are met.

One of the ways to do this includes the Personal Statement of the petitioner written since the petitioner will not be present when the USCIS adjudicating officer reviews the petition.

The Personal Statement is the petitioner’s chance to tell about his/her field that is being applied for and the petitioner’s impact on that field. This is done in the “best way” as long as it is told accurately and truthfully.

The advantage is that we can tell these things to make it easier for the USCIS adjudicator to understand whatever field is being applied for, since the USCIS has NO expertise in ANY field and the petitioner’s impact on such field. So, if the adjudicator does not understand the field easily or the impact on such field, the adjudicator cannot approve the filed petition. Therefor, we have clients write the Personal Statement so a 12 year old child can understand, and, because this is often a hard thing for the client to do, we offer samples used by pervious clients which we like as a guide and we then refine the rough draft(s) as often as necessary until we are at a point where we think all this can be understood by the USCIS examiner.

When the adjudicator can understand, he/she can fairly adjudicate the petition we prepare.