For U.S. immigration lawyers and law firms. Not for petitioners.

EB-2 NIW Petition Second Review Kit

A local second review of an EB-2 national interest waiver I-140 draft the firm already wrote. ExtraordinaryOS does not receive client files. Counsel keeps every legal judgment.

What it is
A structured second look that writes a five-head memo for counsel: Facts; Evidence; Issues; Suggested questions; Counsel legal decisions.
The standard
INA 203(b)(2) and 8 CFR 204.5. Underlying EB-2 first, then the Dhanasar prongs. The waiver remains discretionary.
Price
$199 one-time. No subscription.

Unzip the kit on a firm machine. Use a firm-approved AI setup with appropriate client-data controls.

Client files are not uploaded to ExtraordinaryOS. A cloud AI tool may process them under its own terms; use only a firm-approved setup.

Counsel memo, five heads: Facts, Evidence, Issues, Suggested questions, Counsel legal decisions

See how the five-part memo separates supported claims from gaps before counsel decides the next step.

Illustrative memo layout

What this kit is

A local second review of an NIW I-140 draft. ExtraordinaryOS does not receive client files. Counsel keeps every legal judgment.

  • Underlying EB-2 classification (advanced degree professional or exceptional ability, including occupation/profession and endeavor-relatedness).
  • Dhanasar prongs: substantial merit and national importance of the proposed endeavor; well positioned to advance it; on-balance waiver of the job offer and labor certification.
  • Discretion remains with USCIS even if the prongs are shown (Matter of Dhanasar; Policy Manual Chapter 5).

What this kit is not

  • Legal advice
  • An EB-1A extraordinary-ability kit or an O-1A kit — do not import those criteria
  • The physician underserved-area / VA statutory NIW track under INA 203(b)(2)(B)(ii), unless counsel separately identifies that track
  • A DOL labor-certification product
  • A petitioner self-help kit

What is in the kit

Run the files in this order on the draft you already wrote.

OrderFilePurpose
0privacy.mdConfirm firm-approved data handling
1sources.mdConfirm the live statute, regulation, and Policy Manual before filing
2workflow.mdRun the review sequence
3criteria-or-prongs.mdEB-2 threshold then Dhanasar prongs
4evidence-gap-audit.mdExhibit-by-exhibit gaps
5source-to-claim.mdEvery petition sentence needs a source
6rfe-risk-review.mdIssues only; no outcome prediction
7final-merits-or-totality.mdExceptional-ability merits (if used) + NIW totality / discretion notes
8pre-filing-qa.mdCounsel/staff QA
9voice-system.mdOptional language pass after facts are grounded
10results-template.mdSecond-review memo
—examples.mdFictional/sanitized illustrations only. Do not copy into a live petition.

The standard this kit reviews against

EB-2 first. If the person does not qualify for EB-2, USCIS may RFE, NOID, or deny without reaching the waiver (Policy Manual 6 USCIS-PM F.5(D)(1) and the 2025-01-15 alert).

Then Dhanasar (Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)): (1) the proposed endeavor has both substantial merit and national importance; (2) the person is well positioned to advance it; (3) on balance, it would be beneficial to the United States to waive the job offer and thus the labor certification.

“Endeavor” is more specific than occupation. Benefits to a specific employer alone, even one with a national footprint, are not enough for national importance (Policy Manual and USCIS filing tips).

The national interest waiver is a discretionary benefit even after the three prongs are shown. Confirm the live Policy Manual and 8 CFR 204.5 before filing.

Reviewer posture

  • Nothing is uploaded to ExtraordinaryOS; approve any AI tool that processes client files.
  • A person may be well positioned even if success is not more likely than not (Dhanasar). Unsubstantiated claims still fail the petitioner’s burden.
  • STEM Ph.D. plus critical/emerging technology work is described as an especially positive factor, not as a substitute for evidence.
  • If the draft uses EB-1A’s ten criteria or treats exceptional ability as extraordinary ability, flag it. Do not import those standards.
  • Stop if the reviewer is asked for approval odds.

FAQ

The bound that matters before you buy.

Who receives client files?

ExtraordinaryOS does not receive the petition or evidence. Your firm chooses the AI setup. Cloud tools may process client material under their own terms; counsel must approve the handling and keeps every legal judgment. More FAQ.

Privacy

ExtraordinaryOS sells a downloadable workflow and does not receive the petition or evidence. Your firm chooses and approves its AI setup. A cloud AI provider may receive client material under its own terms, even when the kit files stay on a firm machine. Counsel must check that provider's data handling before use and retains every legal decision.

Get the NIW kit

$199 special offer. One-time. No subscription.