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 of branding themselves in their professional field, they often consider things like firm logos, slogans and website style. These are only a fraction of the ingredients needed to create a brand that is regarded as an expert. Passion is the key to becoming an expert. 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 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. It is important to note that meeting this criterion does not guarantee an NIW approval, as USCIS will review each case on a case-by-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 NIW process is 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. For example, if you’re conducting research that will help advance the field of medicine or improve energy efficiency, it would be beneficial to the United States and therefore meet this criteria. This criteria can also be met if your work has a significant impact on the economy of the country. 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 evaluate the significance of your endeavor in order to determine if it is in the national interests and if you are 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. Evidence of this can include patents, awards, conference papers, and other official acknowledgments wegreened. 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 show that your work has significant value and you are well-positioned for 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. Applicants must show that their work can be applied in practical terms to advance the greater society of the United States. If, for example, the applicant’s research focuses on healthcare, then they could argue that it’s important for the nation to continue innovating in this area to better care for their 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 can also be helpful to demonstrate your impact on 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 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.
The proposed venture of the alien must be of substantial merit and national significance in the fields of education, health, business, science, and technology. 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.
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. 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.
The letter writers should also be able explain why they think your work is so important and how it differs from other work in your field. Letters from professors and researchers who have won awards can demonstrate your expertise in the field, and highlight your unique skills.
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.