NIW Visa FAQ | Costs & Fees | Document Requirements Checklist

The National Interest Waiver (NIW) is a unique petition available to foreign nationals seeking permanent residency in the United States. The NIW allows individuals to bypass the traditional labor certification process and secure a green card based on their unique skills and abilities. In this article, we will discuss what an NIW petition is and who qualifies for it.

What is an NIW Petition?

An NIW petition is a request for an exemption from the usual requirement of a job offer and a labor certification for foreign nationals seeking to become permanent residents in the United States. NIW petitions are granted based on the applicant’s work in an area of substantial intrinsic merit or national importance. This exemption is granted by the United States Citizenship and Immigration Services (USCIS).

Who Qualifies for an NIW Petition?

To qualify for an NIW petition, an applicant must demonstrate that they have an advanced degree, exceptional ability in science, business, or arts, or are pursuing work in the national interest of the United States. The applicant must also demonstrate that their work in the United States will have a significant impact on the country’s economy, health, education, or national security.

The applicant must submit evidence supporting their claim of exceptional ability or national interest, such as letters of recommendation, awards, and publications. The USCIS adjudicates each case on an individual basis, and each petition is evaluated based on its unique merits.

Conclusion

The NIW petition is a valuable option for foreign nationals seeking to become permanent residents in the United States. The NIW allows individuals to bypass the traditional labor certification process and secure a green card based on their unique skills and abilities. To qualify for an NIW petition, an applicant must demonstrate that they have exceptional ability or are working in the national interest of the United States. The USCIS adjudicates each case on an individual basis, and each petition is evaluated based on its unique merits.

Sources:

• USCIS: https://www.uscis.gov/working-in-the-united-states/permanent-workers/national-interest-waiver
• DOS: https://travel.state.gov/content/travel/en/us-visas/employment/employment-based-immigrant-visas.html
• National Law Review: https://www.natlawreview.com/article/national-interest-waiver-petitions-qualifying-individuals-0

NIW Required Documents: A Checklist

The National Interest Waiver (NIW) is a petition that allows foreign nationals to become permanent residents in the United States based on their unique skills and abilities. To apply for an NIW, applicants must provide various documents to demonstrate their qualifications. In this article, we will provide a checklist of the required documents for an NIW petition.

1. Form I-140

The first document required for an NIW petition is Form I-140, which is the Immigrant Petition for Alien Worker. This form is used to demonstrate the applicant’s eligibility for the NIW based on their unique abilities and work in an area of substantial intrinsic merit or national importance.

2. Evidence of Advanced Degree or Exceptional Ability

To qualify for an NIW petition, an applicant must have an advanced degree or exceptional ability in science, business, or arts. The applicant must provide evidence to support their claim, such as educational transcripts, certifications, or publications.

3. Evidence of National Interest

Applicants must also demonstrate that their work in the United States will benefit the national interest. This evidence can include publications, letters of recommendation, awards, or any other documentation that supports their claim.

4. Letters of Recommendation

Letters of recommendation are a crucial part of an NIW petition. Applicants must provide letters from experts in their field that attest to their unique skills and qualifications. These letters should provide specific examples of the applicant’s work and how it has contributed to the national interest.

5. Curriculum Vitae

A curriculum vitae (CV) is a detailed document that outlines the applicant’s education, work experience, publications, and other relevant information. A well-crafted CV is essential to demonstrate the applicant’s qualifications for the NIW.

6. Supporting Documentation

Applicants should provide any additional supporting documentation that demonstrates their unique skills and qualifications. This can include publications, patents, and any other relevant materials.

Conclusion

Applying for an NIW petition can be a complex process, and providing the required documents is a critical part of the application process. This checklist provides a guide to the essential documents needed to demonstrate an applicant’s qualifications for the NIW. It’s important to work with an experienced immigration attorney to ensure that all documents are properly prepared and submitted.

Sources:

• USCIS: https://www.uscis.gov/working-in-the-united-states/permanent-workers/national-interest-waiver

Interesting NIW Statistics and Facts: What You Need to Know

The National Interest Waiver (NIW) is a petition that allows foreign nationals to become permanent residents in the United States based on their unique skills and abilities. In this article, we will provide some interesting statistics and facts about the NIW, as well as what US presidents have said about it.

1. NIW Approval Rates

According to the United States Citizenship and Immigration Services (USCIS), the approval rate for NIW petitions is approximately 60%. This approval rate can vary depending on the quality of the application and the qualifications of the applicant.

2. Presidential Support

US presidents from both political parties have expressed support for the NIW. For example, in 2012, President Barack Obama signed an executive order that made it easier for foreign entrepreneurs to apply for NIWs. Similarly, in 2020, President Donald Trump signed an executive order that emphasized the importance of attracting foreign talent to the United States.

3. Top Occupations for NIW Petitions

According to USCIS data, the top occupations for NIW petitions are in the fields of science, technology, engineering, and mathematics (STEM). Other top occupations include healthcare, business, and education.

4. NIW and Job Creation

NIW petitioners are not required to have a job offer in the United States. This means that the NIW can be an attractive option for entrepreneurs and innovators who want to start their own businesses in the United States, which can create jobs for Americans.

5. NIW and Economic Impact

According to a study by the National Foundation for American Policy, immigrants who received an NIW created an estimated 1.6 million jobs between 2006 and 2010. This demonstrates the economic impact that the NIW can have on the United States.

Conclusion

The National Interest Waiver is an important immigration option for individuals who have unique skills and abilities that can benefit the United States. From approval rates to presidential support, these interesting statistics and facts highlight the significance of the NIW program. As with any immigration application, it’s important to work with an experienced immigration attorney to ensure that all documents are properly prepared and submitted.

Sources:

• USCIS: https://www.uscis.gov/working-in-the-united-states/permanent-workers/national-interest-waiver
• National Foundation for American Policy: https://nfap.com/wp-content/uploads/2016/02/Job-Creation-by-Immigrant-Entrepreneurs.pdf
• Wall Street Journal: https://www.wsj.com/articles/trump-signs-executive-order-to-strengthen-buy-american-requirement-11596456057
• CNN: https://www.cnn.com/2012/08/03/politics/obama-immigration-rules/index.html
• Fox News: https://www.foxnews.com/politics/trump-signs-executive-order-on-immigration-calls-for-increasing-vetting

If you’re seeking a National Interest Waiver (NIW) for your visa application, it’s important to have the right legal representation. Hiring an experienced NIW lawyer or law firm can greatly increase your chances of success, and save you time and money in the long run.

NIW cases can be complex and time-consuming, and any errors or omissions in your application can result in a denial. An experienced NIW attorney can guide you through the entire process, helping you to gather the necessary evidence and supporting documents, and ensuring that your application is complete and free of errors.

NIW law firms have extensive knowledge of the legal system and the requirements for NIW approval, which can be a significant advantage in preparing your case. They have a track record of success in NIW cases and can provide valuable guidance on the best strategies to use.

Another important benefit of hiring an NIW lawyer is that they can help you to identify and address any potential issues that could arise during the application process. For example, if you have a criminal record or previous visa denials, an experienced NIW attorney can help you to navigate these obstacles and increase your chances of approval.

In addition to the technical aspects of your NIW case, an experienced lawyer can also provide emotional support during what can be a stressful and uncertain process. Your attorney can answer any questions you may have, provide updates on the status of your application, and provide guidance on what to expect during the application process.

When choosing an NIW law firm or attorney, it’s important to look for one with a proven track record of success in NIW cases. You should also consider their level of experience, their approach to client communication, and their fees. A good NIW lawyer will offer a free initial consultation, during which you can discuss your case and get a sense of whether they are a good fit for you.

In conclusion, an experienced NIW lawyer or law firm can greatly increase your chances of success in your NIW case, and provide valuable guidance and support throughout the entire process. If you’re considering applying for a National Interest Waiver, it’s important to have the right legal representation on your side.

Sources:

• (https://www.usnews.com/news/best-states/articles/2021-08-16/how-to-get-a-national-interest-waiver-for-a-us-work-visa)

What is the Success Rate of NIW?

Exploring the EB-2 NIW visa approval trends unveils a positive trajectory. In 2021, the approval rate reached 86%, with 9,650 cases successfully approved. The subsequent year saw a remarkable increase, elevating the approval rate to 90%, marking 19,090 approved cases in 2022.

What Happens After an Approved I-140 NIW?

Approval of your I-140 NIW petition signifies meeting EB-2 visa category eligibility. However, the process doesn’t end there. You must proceed with subsequent steps, like filing an Adjustment of Status application (Form I-485) or Immigrant Visa Processing, to secure your green card.

What are the Disadvantages of EB-2 NIW?

Are there drawbacks to the EB-2 NIW? Indeed, the visa, while advantageous, doesn’t confer immediate work authorization. Although filing a green card application concurrently may lead to an EAD around six months later, timelines can vary.

How Many Citations are Needed for NIW?

For a successful National Interest Waiver (NIW) petition, post-doctoral researchers with a Ph.D., a track record of 5 or more publications, and 10 or more citations find this a compelling route to secure permanent residence in the United States.

Can I File EB-2 NIW by Myself?

Yes, it is possible to independently apply for an EB-2 National Interest Waiver (NIW). Ensure a robust case by gathering evidence of exceptional abilities or an advanced degree, preparing a well-documented petition, and adhering to USCIS guidelines for filing.

Can you change jobs after NIW approval?

Yes, foreign nationals under EB-2 NIW status can change employers at any time, provided they continue to work in the segment of national interest approved by USCIS.