Unlike PERM labor certification, NIW petitions don't 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.
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.
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 are adventurous and not afraid to explore uncharted territory in their profession.
A major part of becoming an expert is demonstrating that you have made significant contributions to your field's body of knowledge. This can be demonstrated through scholarly publications, books and other published works. 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.
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.
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. 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.
Moreover, if your work has already been implemented and demonstrated to be of benefit to the nation, it will also bolster 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.
This is not an absolute criterion. It is an element that should be considered for each case. The applicant must demonstrate that their work is applicable in a practical way to the advancement of the United States' society. 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.
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.
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 its requirement that a foreign national has a job offer and undergoes a eb2 niw cost 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 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.
Furthermore, the letter writers should be able to express why they believe your work is of such significance and why it is different from the work of others 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. If you are interested in pursuing this option, please contact us to discuss your situation.
