How Bruna Soledade Argues National Interest Cases
As an attorney focused on high-skilled immigration petitions, Bruna Soledade is required to gain expertise in a wide range of careers, including engineers, doctors, artists, athletes, and even hairdressers, in a wide range of industries.
Part of the appeal of the job is digging into novel sectors of the economy.
“I enjoy having something new and fresh to learn from and look into and argue about,” Soledade said.
Learning quickly
Soledade’s clients often train for years to earn their expertise. Soledade doesn’t have that luxury, but she has to learn enough to convince USCIS of her clients’ merits.
She asks every client these questions:
- What are the problems you’re helping solve?
- What makes your contributions urgent to the United States?
Based on what the client tells her, she starts her research into whether that work lines up with national priorities: Are there any White House or other federal initiatives around it? How much does this affect the U.S. economy?
“Every administration is going to set what their national priorities are and what they care about,” Soledade said. “As a consequence of that, different industries become more important.”
For example, under the Biden administration, working in environmental protection may have been more of a priority compared to the Trump administration, which might place a higher value on U.S. manufacturing.
Some cases would be a priority under any administration. Soledade’s first approval at Manifest Law was for a client who was helping develop a sunscreen for the U.S. military that was less slippery. As a bonus, the client was partnering with an organization that employs individuals who are blind.
Working with clients
She was inspired to pursue immigration law after working as a legal intern for a refugee organization funded by the United Nations in Costa Rica. After a stint working with clients in removal proceedings and asylum seekers, she found her way to high-skilled immigration.
“I love writing and I really enjoyed the aspect of being able to write long petitions, do research, and learn about new sectors of the economy,” Soledade said. “I love politics so I like that these petitions, EB-1As and EB-2 NIWs, tend to require knowledge and arguments in those areas.”
But those arguments require a team effort. A high-quality petition requires high-quality input from the client. After all, it’s their story—Soledade knows what details can help their case and how to match them to the law, but the client has to provide them.
“I like to maximize the client’s chances of being approved,” Soledade said. “And the way I do that is by going into specific detail about the things they’ve done.”
She typically sends each client a questionnaire asking for details about their case, and she gives feedback on their answer, pushing clients to get granular about individual projects and roles. This has become more important in the last year, with USCIS officers giving extra scrutiny to many petitions.
“I’m brutally honest with clients,” Soledade said. “I want them to know exactly what they’re up against.”
Meeting the national interest standard
That includes clearing up misconceptions about what national interest means in the case of EB-2 NIWs. Unlike other visas focused mainly on your previous accomplishments, it requires your future work to meet a structured, established standard that even accomplished clients with multiple degrees and publications might miss.
It’s not just about wanting to work in a certain field, Soledade said. You need to have a specific position and plan to execute this position presented in a structured way, offering specific services or performing specific duties.
“It’s all about the proposed endeavor and how it’s structured,” Soledade said.
The client’s career has to meet three pillars established by the “Matter of Dhanasar,” a legal precedent decided in 2016:
- The first requires the proposed endeavor to have substantial merit and national importance (this is where Soledade’s research into federal initiatives comes into play).
- The second requires that the client is well-positioned to advance that endeavor—that’s where all the details about your past track record come into play.
- And the third requires proving that it would be beneficial to the U.S. to waive the requirements of a job offer and labor certification. This is why Soledade asks clients why the work is urgent, among other factors considered by the USCIS.
Soledade is an immigrant herself—she arrived from Brazil when she was 13. This isn’t just work to her. Most of her friends have gone through the immigration process, and she’s who they call with questions. She’s come a long way since she started law school, when she wanted to become a trial lawyer.
“To be honest, I just like exploring and arguing different points of view,” Soledade said. “But then I found out I can do that in writing, with a USCIS officer. It worked out.”