A National Interest Waiver (NIW) requires demonstration that the foreign national's prospective accomplishments are in the national interest of the United States. However:
-An employer sponsorship is not required for submitting the application. Self-sponsorship is, therefore, an option.
-A labor certification is not required though the NIW falls within the EB-2 category.
-The NIW petition is available to individuals with advanced degrees or who possess exceptional ability in the sciences, arts or business.
The Three-Step Analysis
The United States Citizenship & Immigration Services (USCIS) subjects a successful NIW application through a three-step analysis. In this regard, the Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm'r 1998) (NYSDOT) is the controlling law. Every NIW applicant must demonstrate that:
-The proposed employment in the United States is in an area of substantial intrinsic merit.
-The benefit to the United States is national in scope.
-The prospective employment will serve the national interests to a substantially greater degree than the work of others in the same field.
Initial Evidence Required
For a successful outcome, every NIW application must be submitted with at least the following initial evidence.
-Evidence of academic records relating to the area of exceptional ability.
-Documentation of at least 10 years of relevant experience in form of statements or letters.
-A license to practice the individual's profession or occupation
-Evidence of a salary commensurate with individuals of exceptional ability
-Industry and peer recognition of the individual achievements.
Contact the Paruthipattu Law Firm Today
Skilled analysis is required to determine whether an NIW application will pass the NYSDOT test. In practical terms, this means that a thorough review of substantial documentation of the evidence pertaining to the national interest will be needed. Because the standards are high, there is also a higher likelihood of a USCIS RFE in NIW applications. Paruthipattu Law Firm can assist NIW applicants with sifting through the evidence and presenting evidence that is relevant and most persuasive so as to increase the likelihood of approval.
The Paruthipattu Law Firm invites you to contact the office for additional guidance.