1 |
What
is a National Interest Waiver?
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Normally under the second employment
category preference (EB-2),a job offer and an approved labor
certification is required. A National Interest Waiver (NIW)
requests that the job offer and labor certification be waived
to advance the national interest. While not an exhaustive
list, these are some of the factors that are considered when
determining the "national interest"
Will the alien:
- Benefit the U.S. economy?
- Improve the wages and working conditions of
U.S. workers?
- Improve the education and training programs
for U.S. children and under-qualified
workers?
- Improve health care?
- Provide affordable housing for young an/or
older, poorer U.S residents?
- Improve the environment of the U.S. and make
more productive use of natural
resources?
- Or, has a U.S. government agency specifically
requested that the alien be admitted?
If you can answer yes to one or more of these
factors, you might be eligible for a National
Interest Waiver. Researchers, Scholars, different
types of Engineers, and Ph.D.'s are all well
suited for a NIW.
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2 |
Do
I qualify for a National Interest Waiver?
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In order to qualify for a National
Interest Waiver you must satisfy three of the following criteria:
a. You must seek employment in an area with substantial intrinsic
merit.
- The importance of your occupation or field of endeavor
and its relation to an important national goal must be established.
b. The proposed benefits of your work must be national in
scope.
- It is not enough to benefit only local, regional, or private
interests. Your work must have national significance.
c. The benefit derived from your "national interest" work
must considerably outweigh the inherent national interest
in protecting U.S. workers through the labor certification
process.
- In other words, you must serve the national interest to
a "substantially greater degree" than would
an available U.S. worker with the same minimal qualifications.
- Additionally, while it is important that your work be unique
and exceptional, this may not be enough to satisfy the third
criteria of the NIW petition. Recent rulings have required
that you also demonstrate your service to the national interest "with
some degree of influence on the field as a whole." Also,
the "practical significance" of your work may be
considered.
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3 |
I'm still not sure if I qualify,
can you give me an example?
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Here is a simplified example
for illustration purposes: Let's pretend that you are a
medical researcher investigating potential cures for lung
cancer. With all the deaths occurring in the U.S. from
lung cancer, you can show your work for a cure has substantial
intrinsic merit and you can show it is national in scope,
since lung cancer is not confined to a specific region
of the country and it affects people nationwide. Additionally,
and this is the most difficult step, you have to show that
the benefit of your work overrides the interest of protecting
a domestic researcher with the same qualifications. This
can be accomplished by several different means, including:
letters of recommendation from authorities in the field,
published works, citations of your work by your peers in
the field, national or international recognition for your
research, etc.
While the above example used a cancer researcher, the NIW
has been granted to a wide assortment of occupations ranging
from a software engineer to the proprietor of an export
firm. As long as you can satisfy the three criteria listed
above, you may be eligible to receive a National Interest
Waiver.
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4 |
What
can your law firm do for me?
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Our presentation of your case with
powerful arguments and compelling evidence will maximize
your chances of approval. Our expertise with this type of
petition will make it difficult for an adjudicating officer
to deny your NIW. Specifically, our firm will:
- Provide templates to guide the writers of your letters
of recommendation for maximum impact and greatest effect.
- Edit and improve recommendation letters and your personal
statement to cater to the criteria spelled out in the most
recent NIW decisions.
- Obtain and help you gather all the pertinent documents
for your NIW and organize them with a logical and easy to
follow presentation.
- Conduct exhaustive research into your field to demonstrate
your work's relevance, influence, and significance to the
national interest.
- Write a persuasive and compelling petition letter that
emphasizes the key factors the adjudicating officer will
be looking for.
- Submit your NIW to the appropriate Service Center and keep
in constant communication with you regarding the status of
your case.
If you believe you qualify for an NIW, or if you are unsure
about your case, please click here for a free phone, in person,
or email consultation with an attorney. |
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