The NIW application process involves preparing the necessary documentation, filing the NIW petition with U.S. Citizenship and Immigration Services (USCIS), and waiting for its decision. During the adjudication process, USCIS may issue request for additional evidence if they believe the provided documents are not sufficient to make a decision.  Therefore, it is crucial to that applicants include all documentation and forms required for an NIW petition to avoid delay. For your reference, read the following steps that describe the NIW application process, from pre-filing to post-receipt of USCIS’s decision, to ensure effective processing of your application. This will be an interactive process between clients and our attorneys.  It takes anywhere from one month to several months to prepare an NIW application. Generally, the timeframe depends on how quickly applicants provide the requested documentation. Our attorney will assist you to prepare and file their cases as soon as possible. The list below includes the forms and documents needed:

• Forms: Immigration Petition for Alien Worker(Form I-140); Alien Employment Certification Application (Form ETA-750B); Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) is required.
• Petition Letter: addressed to USCIS, which serves as an outline of the NIW application. In addition to demonstrating client’s credentials meeting the minimum requirement of NIW standard, we further provide 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.

• Supporting Documentation: if the client is eligible for NIW because of his/her Advanced Degree, then a copy of the diploma and foreign evaluation report (if applicable) is necessary. Please note that an alien without Advanced Degree can also be qualify for NIW if he/she can demostrate exceptional ability by meeting two of the following six evidential criteria:

• Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
• Letters documenting at least 10 years of full-time experience in your occupation
• A license to practice your profession or certification for your profession or occupation
• Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
• Membership in a professional association(s)
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
• Other comparable evidence of eligibility is also acceptable.

However, holding Advanced Degree or having exceptional ability is merely a minimum requirement for the employment-based, second-preference, or EB-2, category and does not necessarily guarantee a successful NIW case. Therefore, additional evidence is required to demostrate a client’s NIW eligibility. Such supporting documentation can include:

1. Letters of recommendation from experts in the alien’s field, which must speak to the Dhanasar three-prong test
2. Evidence of past accomplishments that are described in detail and that show projections of future benefits in terms of U.S. national interests. Additionally, this evidence must show that alien has played a crucial role over the course of his or her work experience
3. Evidence of membership in professional associations
4. For research, evidence of project funding or grants
5. Curriculum vitae, which should include awards, honors, etc.
6. Publications, publication requests, conference presentations, etc.
7. Multiple non-self-citations in journals to show that the alien has impacted the field
8. Invitations and acknowledgment letters for peer review work completed at conferences or for journals