The National Interest Waiver (NIW) is a waiver given by USCIS of the job offer requirement for a foreign national seeking a green card in the category reserved for professionals with advanced degrees or individuals with exceptional ability in the sciences, arts, or business (this is the EB2 category). In effect, by waiving the job offer requirement, labor certification requirement (PERM) is waived as well. The general underlying justification for the National Interest Waiver (NIW) is to get useful workers into the United States so that they may work and benefit the United States. Learn more about NIW petitions below and contact an immigration lawyer from 自拍流出 for assistance today.
General NIW requirements
The requirements for the NIW were set forth in the Matter of New York State Department of Transportation (鈥淣YSDOT鈥�) by the INS Administrative Appeals Office (AAO) in 1998. In NYSDOT, the AAO held that in evaluating an applicant鈥檚 prospective benefit to the national interest, the AAO will consider whether 鈥渢he alien鈥檚 PAST RECORD justifies projections of future benefits to the national interest鈥� through a three-prong test.
The three-prong test is as follows:
- Whether the applicant seeks to work in an area of 鈥渟ubstantial intrinsic merit;鈥�
- Whether the benefit of the applicant鈥檚 proposed activity 鈥渨ill be national in scope;鈥� and
- Whether 鈥渢he alien will serve the national interest to a substantially greater degree than would an available worker having the same minimum qualifications鈥� so that the avoidance of a labor certification process is justified.
PRONG 1 – Does the applicant seek to work in a field of 鈥渟ubstantial intrinsic merit鈥�?
This term is not defined, but case law suggests that it relates to the following seven non-exclusive factors as related to general welfare:
- Improving the United States economy;
- Improving wages and working conditions of United States workers;
- Improving education and training programs for United States children and under-qualified workers;
- Improving health care;
- Providing more affordable housing for young and/or older, poorer United States residents;
- Improving the United States environment and making more productive use of natural resources; or
- Involving a request from an interested United States government agency.
Generally speaking, this prong, along with Prong 2 below, is not too difficult to meet.
PRONG 2 鈥� Is the benefit of the applicant鈥檚 work 鈥渘ational in scope鈥�?
What must be established here is that there has been and will continue to be a benefit to the United States’ national interest through the applicant鈥檚 work. It should be shown that the applicant鈥檚 work is national in scope or that it benefits a national goal. Furthermore, it is important to understand that the focus should be on how the applicant鈥檚 own work directly benefits the national interest, and not on how the field the applicant is working in, as a whole, benefits the national interest.
Please note that there should not be a focus on a local or regional benefit, as this will not comply with the 鈥渘ational鈥� scope of the prong. Some fields inherently have a presumption of 鈥渘ational scope鈥�, such as medical research.
PRONG 3 鈥� Will the applicant 鈥渟erve the national interest to a substantially greater degree than would an available United States worker having the same minimum qualifications鈥�?
This is the most difficult and most important prong to effectively display. It must be shown that the benefit from the applicant鈥檚 work is considerably greater than the national interest in protecting United States workers through the labor certification process (PERM). Generally speaking, this is most effectively conveyed by elaborating on how the applicant has created considerably more benefit through his work than a minimally qualified United States worker in his field. This in turn suggests that the trend of the applicant providing greater benefit than a minimally qualified United States worker is likely to continue in the future. Therefore, in the eyes of the USCIS, the measure of the applicant鈥檚 future expectation is based in part on his past and current accomplishments.
Typical supporting materials for an NIW application
The typical list of supporting material for an NIW application is very similar to that required of an EB-1 application for an individual of extraordinary ability. Please see below for the types of evidence that should be included in an NIW application. The list is meant to give one an idea of common support materials (i.e. it is not exclusive).
- Receipt of awards or honors
- Membership in associations
- Authorship of scholarly articles
- Citations to applicant鈥檚 work
- Invitations to conferences
- Discussion of applicant鈥檚 work in professional or major trade publications or other major media
- Participation on a panel or as a judge of another鈥檚 work
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
- Display of the applicant鈥檚 work at an artistic exhibition or showcase
- Performance in a leading or critical role for organizations or establishments that have a distinguished reputation
- Command of a high salary or other significantly high remuneration for services, in relation to others in the field
- Recommendation letters
Recommendation letters
It is highly important to be able to provide recommendation letters from well-established individuals in your field. These letters can come from your employer, but even more importantly they should also come from independent individuals who do not personally know you. These individuals may be familiar with your work or the influence you鈥檝e had on your field. Furthermore, it can be very helpful if the recommenders are associated with government organizations.
Items that provide little support in an NIW application
- The presence of a shortage in the field
- The applicant鈥檚 academic record
- Anything that suggests self-interest on behalf of the recommender in providing a recommendation letter
- Statements suggesting a certain level of competence are insufficient, as it must be shown that the alien possesses proficiency greater than mere competence
- Evidence that the alien鈥檚 experience and skills are merely unique without additional, specific evidence
- Evidence that the alien only played an important role in a project that is in the national interest
- Evidence of future prospective benefit without a focus on past achievements
- What may, might, or could one day result from the applicant鈥檚 work, rather than how the applicant鈥檚 past efforts have already had a discernable impact beyond that which is expected of most other individuals in his or her field
CONCLUSION – Contact Us for more info
The National Interest Waiver is a highly involved process, but it is obtainable if one has the right background, experience, and credentials and is a terrific green card option for those who qualify. If you feel after reviewing the above information that you may qualify, please contact 自拍流出 for more info and/or an evaluation.