How to Build a National Interest Waiver (NIW) Brand
Unlike PERM labor certification, NIW petitions don’t require an employer. Instead, the NIW green card is 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.
When people think of branding themselves in their professional field, they often consider things like firm logos, slogans and website style. These are only a fraction of the ingredients needed to create a brand that is regarded as an expert. Passion is the key to becoming an expert. This is what will keep you going when the road gets rough and carries you through the many times that you might get discouraged.
To become an expert in your field, you must constantly push yourself to explore new concepts, try out innovative methods and learn about the newest trends within your industry. This is a crucial part of the process as it ensures that you’re always at the forefront of your field. Experts are adventurous and not afraid to explore uncharted territory in 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 demonstrated through scholarly publications, books and other published works. In addition, you can also demonstrate this through letters of recommendation from reputable individuals in your field who have recognized your expertise and accomplishments.
It is important to demonstrate that your project will serve the national interest. This can be shown in a variety of ways, such as demonstrating that your work will benefit the economy, education, science, technology 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 process of obtaining an NIW is still lengthy and rigorous. Therefore, it is essential to consult with an experienced niw attorney who can guide you through the process.
2. Your work must be important.
You may be able to get a waiver of national interest without having an offer of employment if your work has a significant value for the United States. 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. In the past, Peng & Weber has obtained NIWs for professors, Ph.D. students, professional dancers, Chinese medicine experts, business people, and more.
The USCIS will evaluate the significance of your endeavor in order to determine if it is in the national interests and if you are exempt from labor certification. Applicants can strengthen the case by submitting letters from independent recommenders familiar with your achievements and the benefits of your job. Letters from peers and colleagues will carry less weight than those from independent recommenders.
Moreover, if your work has already been implemented and demonstrated to be of benefit to the nation, it will also bolster your case. Patents, conference papers, awards and other official acknowledgements can be used as evidence. It is also helpful to provide evidence of your work’s impact on eb-2 society. This could be in the form of patient outcomes, increased educational or employment opportunities or reduced environmental impacts. This will demonstrate that your work is of significant value and that you are well-positioned to advance the proposed endeavor.
3. Your work must be practical.
Unlike the first criterion, this is not an absolute, but rather an element that must be considered in each individual case. Applicants must show that their work can be applied in practical terms to advance the greater society of the United States. For example, if an applicant’s research is focused on healthcare, they could argue that it is critical for the nation to continue to innovate in this area in order to better care for its citizens. Entrepreneurs could also make this point by showing that their business ideas are innovative and can have a substantial economic impact.
Letters of recommendation from independent sources can be a powerful tool for those in the scientific field to demonstrate their impact on the field and the importance of their work. Citation records can also be helpful to demonstrate your impact on 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.
The proposed venture of the alien must be of substantial merit and national significance in the fields of education, health, business, science, and technology. 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 a crucial part of your NIW application. It is important that you select individuals who have experience in your wegreened field and are able to provide objective and credible recommendations.
Furthermore, the letter writers should be able to express why they believe your work is of such significance and why it is different from the work of others in your field. For example, letters from award-winning professors or researchers can help establish your expertise in your field and highlight the unique skills you bring to the United States.
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 are very difficult to meet but if you succeed in self-petitioning with an NIW, the rewards can be huge. If you are interested in pursuing this option, please contact us to discuss your situation.