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 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. 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.
To become an expert in your field, you must constantly push yourself to explore new concepts, try out innovative methods and learn about the newest 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.
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. In addition, you can also demonstrate this through letters of recommendation from reputable individuals in your field who have recognized your expertise and accomplishments.
One of the most important requirements for obtaining an NIW is showing that your endeavor will be in the national interest. This can be demonstrated through a number of different ways, including showing that your work will advance the economy, science, technology, education, culture 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.
The NIW process allows you to self petition and does not require a sponsoring company or job offer. Regardless, the NIW process is lengthy and rigorous. Therefore, it is essential to consult with an experienced niw attorney who can guide you through the process.
2. Your work must be significant.
If your work is of significant value to the United States, then it may be possible to obtain a national interest waiver without having a job offer. 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 wegreened, 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 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.
If your work has been implemented and proven to be beneficial to the nation, this will also strengthen 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.
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. 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 eb2 niw lawyer fee 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 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.
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.
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 one of the most important elements in an NIW application, so it is crucial that you choose individuals who are well-versed in your field and can provide credible and objective 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 particularly true if the work you do is of critical or extraordinary importance to the country. The NIW criteria can be very difficult to meet, but the rewards can be great if you can successfully self-petition with an NIW. Please contact us to discuss this option if you are interested.