How to Build a National Interest Waiver (NIW) Brand
Unlike the PERM Labor Certification process, NIW petitions do not require an employer. Instead, the NIW green card is self-sponsored.
You must have a project which benefits the United States. These projects usually involve scientific research, or work in areas such as healthcare, business, education, economic development, 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. 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 passion will help you to keep going when things get tough and overcome your discouragement.
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 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.
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 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 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. This criteria can also be met if your work has a significant impact on the economy of the country. Peng & Weber obtained NIWs in the past for professors and Ph.D. Students, professional dancers, Chinese Medicine experts, businesspeople, etc.
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 eb-2 work. Letters from peers and colleagues will carry less weight than those from independent recommenders.
If your work has been implemented and proven to be beneficial to the nation, this will also strengthen your case. Evidence of this can include patents, awards, conference papers, and other official acknowledgments. It is also helpful to provide evidence of your work’s impact on society. This could be in the form of patient outcomes, increased educational or employment opportunities or reduced environmental impacts. 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. Applicants must show that their work can be applied in practical terms to advance the greater society of the United States. 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.
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 www.wegreened.com society of the United States.
In the case of NIWs, the petitioner must show that his or her work advances the greater society of the United States, not just his or her field of endeavor. 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 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.
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.
