How to Build a National Interest Waiver (NIW) Brand
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. 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 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 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 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. 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. Therefore, it is essential to consult with an experienced niw attorney who can guide you through the process.
2. Your work must be important.
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. For example, if you’re conducting research that will help advance the field of medicine or improve energy efficiency, it would be beneficial to the United States and therefore meet this 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 o1 visa.
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 work. 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. 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. The applicant must demonstrate that their work is applicable in a practical way to the advancement of the United States’ society. 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 could also make this point by showing that their business ideas are innovative and can have a substantial 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 its requirement that a foreign national has a job offer and undergoes a labor certification.
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.
This can be demonstrated by obtaining letters of recommendation from experts in your field who can attest to both your accomplishments and your contribution 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. Please contact us to discuss this option if you are interested.
