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. 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 authority in your field.
When people think about branding themselves, they often think of things like 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 an important part of the process, as it keeps you at the forefront of your industry. Experts have a strong sense of adventure, and they are not afraid to explore the uncharted territory of their profession.
A major part of becoming an expert is demonstrating that you have made significant contributions to your field’s body of knowledge. This can be shown through scholarly papers, books and other publications. 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.
One of the most important requirements for obtaining an NIW is showing that your endeavor will be in 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 significant.
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. In the past, Peng & Weber has obtained NIWs for professors, Ph.D. students, professional dancers, Chinese medicine experts, business people, and more.
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 the case by submitting letters from independent recommenders familiar with your achievements and the benefits of your job. The weight of letters from colleagues and peers is less than that of 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. Evidence of this can include patents, awards, conference papers, and other official acknowledgments. 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.
3. Your work must be practical.
Unlike the first criterion, this is not an absolute, but rather an element that must be considered in each individual case. The applicant must demonstrate that their work is applicable in a practical way to the advancement of the United States’ society. For 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 can also make the point by demonstrating that their business plans are innovative and have a significant economic impact.
For those working 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. Citation records can also be helpful to demonstrate your impact on the field.
4. Your work must benefit the United States as a whole.
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 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 standard that will be weighed on a case-by-case wegreened basis, as there is not a set amount of economic benefit needed to qualify for an NIW.
This can be demonstrated by obtaining letters of recommendation from experts in your field who can attest to both your accomplishments and your contribution to the United States eb2 national interest waiver. 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. 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 can be very difficult to meet, but the rewards can be great if you can successfully self-petition with an NIW. If you are interested in pursuing this option, please contact us to discuss your situation.