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.
When people think of branding themselves in their professional field, they often consider things like firm logos, slogans and website style. However, these are only a small fraction of the ingredients that help to build an expert brand. The true key to becoming an expert in a field is truly having a deep passion for the work itself. 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 an important part of the process, as it keeps you at the forefront of your industry. 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.
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. 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. For example, if you’re conducting research that will help advance the field of medicine or improve energy efficiency, it would be beneficial to the United States and therefore meet this 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 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. 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 can also make the point by demonstrating that their business plans are innovative and have a significant economic impact.
For those working eb2 niw fee 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 wegreened. Citation records are also useful to demonstrate your impact in the field.
4. Your work must advance the greater society of the United States.
In the case of NIWs, the petitioner must show that his or her work advances the greater society of the United States, not just his or her field of endeavor. This is a key factor in determining whether the USCIS will waive the requirement that the foreign national have a job offer from a U.S. company and undergo a labor certification process.
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.
The letter writers should also be able explain why they think your work is so important and how it differs from other work 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. Please contact us to discuss this option if you are interested.