How to Build a National Interest Waiver (NIW) Brand
How to Build a National Interest Waiver (NIW) Brand
Unlike PERM labor certification, NIW petitions don’t require an employer. The NIW green cards are self-sponsored.
You must have a project which benefits the United States. These projects usually involve scientific research, or work in areas such as healthcare, business, education, economic development, national security and business.
1. You must be an authority in your field.
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Becoming an expert in your field means constantly pushing yourself to explore new ideas, try out innovative approaches and learn about the latest trends within your industry. This is an important part of the process, as it keeps you at the forefront of your industry. Experts have a strong sense of adventure, and they are not afraid to explore the uncharted territory of their profession.
Another important aspect of becoming an expert in your field is showing that you’ve made significant contributions to the overall body of knowledge in your field. This can be shown through scholarly papers, books and other publications. In addition, you can also demonstrate this through letters of recommendation from reputable individuals in your field who have recognized your expertise and accomplishments.
One of the most important requirements for obtaining an NIW is showing that your endeavor will be in the national interest. This can be demonstrated through a number of different ways, including showing that your work will advance the economy, science, technology, education, culture or health of the United States. Note that meeting this criterion is not a guarantee of NIW approval. USCIS will evaluate each case on a per-case basis.
The NIW process allows you to self petition and does not require a sponsoring company or job offer. Regardless, the NIW process is lengthy and rigorous. It is important to consult an experienced niw lawyer who can guide you throughout the process.
2. Your work must be important.
If your work is of significant value to the United States, then it may be possible to obtain a national interest waiver without having a job offer. If you are conducting research to advance the field or energy efficiency, this would be beneficial for the United States, and therefore meet the criteria. This criteria can also be met if your work has a significant impact on the economy of the country. Peng & Weber obtained NIWs in the past for professors and Ph.D. Students, professional dancers, Chinese Medicine experts, businesspeople, etc.
The USCIS will assess the significance of your endeavor to determine whether it is in the national interest and if you can be exempt from labor certification. Applicants can strengthen their case by submitting letters of recommendation from independent recommenders who are familiar with your accomplishments and the benefits of your work. The weight of letters from colleagues and peers is less than that of independent recommenders.
If your work has been implemented and proven to be beneficial to the nation, this will also strengthen your case. Patents, conference papers, awards and other official acknowledgements can be used as evidence. In addition, it is helpful to submit evidence of the impact that your work has had on society, such as patient outcomes, improved educational or employment opportunities, reduced environmental impacts, or broader cultural understandings. This will show that your work has significant value and you are well-positioned for the proposed endeavor.
3. Your work must be practical.
This is not an absolute criterion. It is an element that should be considered for each case. Applicants must show that their work can be applied in practical terms to advance the greater society of the United States. If, for example, the applicant’s research focuses on healthcare, then they could argue that it’s important for the nation to continue innovating in this area to better care for their citizens. Entrepreneurs could also make this point by showing that their business ideas are innovative and can have a substantial economic impact.
For those working in the scientific field, strong evidence can be provided through letters of recommendation from independent sources that discuss the national significance of your work and your ability to advance it. Citation records are also useful to demonstrate your impact in the field.
4. Your work must benefit the United States as a whole.
In the case NIWs the petitioner has to show that their work benefits the United States as a whole, and not just the field they are in. This is an important factor when determining if the USCIS will waive its requirement that a foreign national has a job offer and undergoes a labor certification.
Specifically, the alien’s proposed endeavor must have substantial merit and national importance in the fields of business, science, technology, education, health, culture, or other areas of national interest. This is a subjective test that will be weighed case-by-case, as there is no set amount of economic gain needed to qualify for NIW.
A common way to demonstrate this is through recommendation letters from specialists in your field that can attest to your accomplishments and how your contributions will be valuable to the United States. This is one of the most important elements in an NIW application, so it is crucial that you choose individuals who are well-versed in your field and can provide credible and objective recommendations.
Furthermore, the letter writers should be able to eb2 niw fee express why they believe your work is of such significance and why it is different from the work of others in your field. Letters from professors and researchers who have won awards can demonstrate your expertise in the field, and highlight your unique skills.
The USCIS will also assess whether your proposed venture would be beneficial for the United States in light of the national need and other factors such as the fact there are no qualified workers in the United States that could engage in this endeavor. This is especially true if your work is of extraordinary or critical importance to the nation. The NIW criteria can be very difficult to meet, but the rewards can be great if you can successfully self-petition with an NIW. Please contact us to discuss this option if you are interested.