The National Interest Waiver is one of the best options to get a green card

The National Interest Waiver, (NIW) acts as exoneration for people wo have an advanced degree or have exceptional abilities in their field of work, whereby a labor certification process or job offer in the United States is not required. The two can be waived if they can prove how the US will benefit from their academic and professional contribution.

As no labor certification nor job offer is required it is safe to say that the NIW is an alternative to an employer sponsored green card. However, when an employer is employing a non-citizen, it must be catered that there are no native to do the same job, the American worker should not bear any prejudice. The applicant must show advanced degree and exceptional ability and meet 3 requirements of the USCIS. Altogether the applicant’s proposed endeavors must have substantial merit and of national significance as per the Matter Dhanasar, and the applicant must be in a good position to advance the proposed endeavor for the betterment of the United States.

Firstly, the applicant must qualify under the EB2 immigrant category, having a special skill, which is an advanced degree higher than a bachelor’s degree and 5 years of experience in the industry.

An applicant can qualify for the NIW for exceptional talent by meeting the following criteria; 1)10 years of continuous work in your field, a degree and authorization to practice your profession that displays extraordinary talent in the form of salary peers. 2)Professional business organizations recognizing your accomplishments and contributions.

Secondly as previously mentioned the proposed endeavor must have substantial merit and prove to be of national importance. Regarding the significant merit it must benefit and contribute to one or more national goals varying on the subject of study. The proposed project must carry a national scope which will consist of a long-term positive impact on the welfare of the United States.

Thirdly the applicant must be well positioned to advance the proposed endeavor. One must have as a baggage; outstanding educational achievements, work experience and a clear trajectory of future activities.

The NIW can be advantageous for numerous reasons, some are listed as the following; as the NIW falls under the EB2 category it is an ideal choice for people who want to migrate to the US without a job offer already secured. The applicant can apply on his/her own based on their respective abilities, skills and experience.

The NIW has two principal requirements possessing a master or professional degree. On the contrary one can proceed with the e21 extraordinary criteria in this case one has a bachelor’s degree and can demonstrate 10 years work experience in their respective field or perhaps a professional membership in an organization in their field, possessing a professional license in the particular field and have significant contributions in the field of endeavor or have a high salary, any evidence that you have extraordinary ability. Having any 3 of the e21 criteria allow one to pursue the NIW by demonstrating how they meet these requirements. Since he NIW is a waiver from having an employer sponsored visa, as a balanced test the government will evaluate the national importance of the work, and hence not compel one to have a permanent labor certification.

The balancing test also consist of considering the advantage of the US allowing a working immigrant versus the interest of American workers, what is it that a foreign worker can do compared to an American benefitting their economy, health, educational and any social aspect f vital interest which qualifies as national interest.

Although an applicant does not need an employer for an NIW, it is primordial to have reference letters from experts as the USCIS officers will tend to determine the applicant’s merit based on content of these letters. Generally, the process takes between 3 to 9 months, it can take longer if one is issued a Request for Evidence. It is to be noted that each case’s approval is based on the discretion of the respective officer handling the case.

The success of these cases depends mostly on how the case is structured and presented. Hence one needs to build a persuasive case therefore the Shah Peerally Law Group with its years of expertise in immigration law, shall be of great help to people who need further clarity on how to petition for an NIW.

 

Contact on :5107425887

Or [email protected] ,

Mungur Samiia,

Law Clerk.