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. Generally, these projects involve scientific research or work in fields such as healthcare, education, economic advancement, national security, and business.
1. You must be an expert 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.
Becoming an expert in your field means constantly pushing yourself to explore new ideas, try out innovative approaches and learn about the latest 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. You can also show this by obtaining letters of recommendation from individuals who are reputable in your field and have acknowledged your expertise and achievements.
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.
It’s also worth noting that the NIW process is more flexible than the PERM labor certification process, as it allows you to self-petition and does not require a sponsoring employer or job offer. Regardless, the process of obtaining an NIW is still lengthy and rigorous. It is important to consult an experienced niw lawyer who can guide you throughout 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. In addition, if your work will have a significant economic impact on the country, it could also meet this criteria. Peng & Weber obtained NIWs in the past for professors and Ph.D. Students, professional dancers, Chinese Medicine experts, businesspeople, etc.
The USCIS will assess the significance of your endeavor to determine whether it is in the national interest and if you can be exempt from labor certification. Applicants can strengthen their case by submitting letters of recommendation from independent recommenders who are familiar with your accomplishments and the benefits of your work. 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 demonstrate that your work is of significant value and that you are well-positioned to advance the proposed endeavor o1.
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. For https://www.wegreened.com/ 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 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 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.
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 a crucial part of your NIW application. It is important that you select individuals who have experience in your 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. Letters from professors and researchers who have won awards can demonstrate your expertise in the field, and highlight your unique skills.
Finally, the USCIS will also evaluate whether your proposed endeavor would be beneficial to the United States on balance in light of national need and other factors, such as the fact that there are no qualified workers available in the United States who could engage in the endeavor. This is particularly true if the work you do is of critical or extraordinary importance to the country. 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.