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.
To qualify for a niw, you must have a project that benefits the United States in some way. 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 about branding themselves, they often think of things like logos, slogans, and website style. These are only a fraction of the ingredients needed to create a brand that is regarded as an expert. 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.
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 a crucial part of the process as it ensures that you’re always at the forefront of your field. 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. 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.
It is important to demonstrate that your project will serve 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.
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. 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 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. 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 show that your work has significant value and you are well-positioned for 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 can also make the point by demonstrating that their business plans are innovative and have a significant economic impact.
For those working in the scientific field, strong evidence can be provided through letters of recommendation from independent sources that discuss the national significance of your work and your ability to advance it. Citation records are also useful to demonstrate your impact in 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 an important factor when determining if the USCIS will waive wegreened its requirement that a foreign national has a job offer and undergoes a labor certification.
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 standard that will be weighed on a case-by-case basis, as there is not a set amount of economic benefit needed to qualify for an 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. For example, letters from award-winning professors or researchers can help establish your expertise in your field and highlight the unique skills you bring to the United States.
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 especially true if your work is of extraordinary or critical importance to the nation. 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.
