NIW: National Interest Waiver

Opportunities:

  • We have a close to100% success rate in the National Interest Waiver category. That means with an exception of 1 or 2 cases, all of our clients who have applied for NIW since 2007 got approval! The following is the list of field of endeavors our NIW clients worked on:Bioscience: muscular dystrophy; oncology; bioinformatics; ion channels; programmed cell death; longevity; food & drug; pulmonary disease; proteomics; biochemistry; protein folding and numerous others.

    Legal
    : international law; environmental law; international environmental law; real estate transaction

    Education: secondary and higher education; teaching English as foreign language

    Healthcare: healthcare administration

    Finance: financial modeling; equity markets; investment banking

    Marketing: marketing science

    Geology: geodynamics

    Engineering: mechanical engineering; electronic engineering

    Information Technology: computer engineer; neurol networks; statistics

    Management: general management; entrepreneurship; real estate analysis; real estate development; cross-border real estate development; marketing; marketing research

Various Industries: Recycling; landscape architect; traditional Chinese medicine; non- profit foreign aid program; energy; manufacturing and others.

 

  • National Interest Waiver (“NIW”) petition is the fastest route to US permanent residency for any applicant right now (August 2019). For India-born petitioners, EB1A is still the fastest approach.
  • The beneficiary can self-petition without a labor certification or a job offer from a U.S. employer.
  • As an employment-based immigration petition that falls under the preference category of EB-2, the minimum requirements for NIW are an “advanced degree” or “exceptional ability”. Advanced degree can be met by a master’s degree or a Bachelor’s degree with over 5 years of progressive working experience.  The “exceptional ability” can be satisfied by meeting 3 out of 6 standards.
  • An NIW petition or an immigration petition can be filed while the petitioner or the beneficiary is anywhere in the world. There is no requirement that the petitioner must be inside the United States and on any non-immigrant status to apply.
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Challenges:

  • As all other categories, the burden of proof is always on the applicant or beneficiary to establish that exemption from labor certification requirement will be in the national interest of the U.S.
  • Unlike scholars and researchers whose achievements and reputations in the field can be easily documented by publications and citations, talented individuals in the business field may find it hard to document their achievements.
  • NIW is the easiest self-petitioned US immigration category and it is anticipated that it will be backlogged even more severely than now. So Apply SOON!

Key to NIW Success:  A Forensic Analysis of Your Achievement

The National Interest Waiver (NIW) is most appropriate for applicants who do not have a job offer but nevertheless excel in their fields of endeavors.  We find applicants not familiar with these legal standards have no accurate perspectives of their chances in getting approval.  In another word, applicants tend to overlook some of their significant accomplishments just because they don’t understand how these standards are applied practically.  Therefore, an in-depth evaluation with a reputable law firm can change the destiny of an otherwise seemingly obscured case and that of its petitioner.  This is especially true for applicants whose areas of expertise are in business, entrepreneurship, social science, arts, humanities including education and others.

  • Overall initial assessment to ensure preliminary compliance with the NIW regulations and memos.
  • Dissect the client’s achievements in a highly detailed and customized matrix that analyses every aspect of the achievements, publications and citations presented by the client.
  • Pre-submission due diligence and checking to ensure consistency among documents.
  • Thorough explanation of the field of endeavor’s necessity to the U.S. and why an exemption from labor certification will be in the national interest of the U.S. and how the endeavor would be beneficial to the US interests in the following aspects:
  • The alien’s admission will improve the U.S. economy.
  • The alien’s admission will improve wages and working conditions of U.S. Workers.
  • The alien’s admission will improve educational and training programs for U.S. children and underqualified workers.
  • The alien’s admission will improve health care
  • The alien’s admission will provide more affordable housing for young, aged, or poor U.S. residents.
  • The alien’s admission will improve the U.S. environment and lead to more productive use of the national resources.
  • The alien’s admission is requested by an interested U.S. government agency.