The Victoria Law Group is absolutely supportive of legal immigration to the United States. In fact, despite the political climate, we believe that legal immigration is a “secret sauce” which contributes to the success of our nation. One of those programs is the National Interest Waiver program.
The National Interest Waiver (NIW) is an immigration petition where the individual seeking immigration holds an advanced degree or a special/exceptional ability. It seeks to waive the United States job offer and labor related requirements for the sake of the National Interest. It is usually part of another U.S. Visa application.
It is aimed to promote a certain need of the country that is geared by the hiring of the applicant. If your employer is seeking this kind of United States Visa for you, you should learn more about it by reviewing our Top Ten questions raised by individuals who want to get it.
After you’ve done your “homework”, do not hesitate to contact us for a free consultation on how best to complete your application.
The National Interest Waiver (NIW) is an immigration petition that is part of the employment-based category of immigration. It requests that the required labor certification be waived for the sake and purpose of upholding the national interest. It is geared towards professionals holding advanced degrees or individuals who have an exceptional ability. This falls under the EB-2 immigration category.
In order to be eligible for the national interest waiver, the basic eligibility requirements must be submitted by the applicant. He must have the following characteristics:
If the individual holds the characteristics, the next step is to make sure that he satisfies what is called the three-prong test. This test aims to show that the individual can benefit greatly for the benefit of the national interest of the United States. The three-prong test is the following:
When seeking a National Interest Waiver, the following documents need to be presented by the applicant:
The applicant must submit a completely filled up Immigration Petition for Alien Worker (Form I-140) and an Alien Employment Certification Application (Form ETA-750B).
As attachments, the individual must also attach the following documents:
Other documents that the applicant may present to help his petition are the following;
There must also be some letters of recommendation coming from the field in order to showcase his experience and authority coming from not only his works but also from his peers in his field of expertise. These recommendation letters will also show a good social ability and may aid the USCIS in assessing the petition in your favor.
An Advanced Degree Professional is whenever the individual applicant has an advanced degree or has its foreign equivalent. An advanced degree is usually a master’s degree up to the point of a doctorate degree. Traditionally, this would include those professions that require a higher level of postsecondary education such as a doctor, a lawyer, an engineer or the like.
In some exceptional cases, however, the USCIS allows for the applicant to only have a bachelor’s degree as long as he has at least “five years or progressive experience in a professional occupation”.
An advanced degree professional must not get mistaken with an alien of exceptional ability.
It depends. To be considered as an alien of exceptional ability, you must be able to comply with the requirements set by the USCIS.
By definition, an Alien of Exceptional Ability is an individual who must be able to show and demonstrate that he comes with an exceptional ability. The exceptional ability can be in the field of arts, business, or the sciences. To prove that you are an alien of exceptional ability, you must satisfy at least three of the following conditions:
That you show evidence that you have been commended for your contribution to the field by your peers, governmental entities, or professional or business organizations.
The USCIS is known for following the stringent requirements set by law in order. Generally, there are three main factors that are considered by the USCIS whenever they access applications for the national interest waiver. The following are the three factors:
Substantial Merit And National Importance
The USCIS will assess if what you offer comes with substantial merit and weigh it over the need of the United States government or some other factor of national importance. Does the United States have a great need for an individual of your exceptional ability? What benefits will the United States gain from allowing your potential employer to hire you and waive the labor certification requirements in the interest of national need?
The USCIS will assess if the applicant’s presence in the United States will provide substantial benefit to the United States. In a way, the government is asking: Is the United States better off with this individual in place?
Position For Advancement
Being an individual of exceptional ability is definitely something to be proud of, but that is not the only thing that matters for one to be granted a national interest waiver. The applicant must also show that he is in a position for advancement, for a certain degree. If the United States company will hire the applicant, is he in a position to advance the field that he is currently in? Is he in a position to make a significant, no matter how big or small, change in the field of his expertise or in the field of his exceptional ability?
Beneficial To The United States Government
The USCIS will also assess if the applicant’s hiring will lead to more benefits for the United States. Is a waiver for the sake of national interest a better choice than going through the immigration red tape? This factor is also assessed by the USCIS.
The main difference between the two is the eligibility requirements set by the law. In order to be considered as an Advanced Degree Professional, the individual must hold at least an academic or professional U.S. degree above the baccalaureate level or a foreign degree equivalent above the U.S. baccalaureate level. This can be evidenced by documents, certifications, and the like. On the other hand, in order for the individual to be considered as an Alien of Exceptional Ability, he must prove that he holds a degree of expertise significantly above that ordinarily encountered in his profession.
Some applicants for the waiver will receive a “Request for Additional Evidence”. Basically, this means that the officer is not yet convinced that the individual applying for a national interest waiver is eligible under its minimum requirements. The applicant needs to make a better case for himself and make sure that he provides more tangible evidence that will support his claim.
Letter of recommendation may be written by a handful of individuals. There is no limit as to the number of letters since assessment is based on the officer in charge of the case. Generally, you may ask for a letter of recommendation from the following individuals:
Individuals who are known authorities from the field of expertise of the applicant.
The applicant must show, through documentary evidence, that he is eligible for the national interest waiver. As stated above, he needs to show the following documents:
Other documents that the applicant may present to help his petition are the following:
The Victoria Law Group consists of competent and dependable attorneys and legal professionals who are highly knowledgeable in the field of real estate law. Our team of legal professionals has assisted several residential and commercial clients with various legal matters associated with real estate including but not limited to the preparation and revision of contracts, acquisition of properties, refinances, foreclosures, deeds-in-lieu of foreclosure, short sales, landlord tenant disputes, eminent domain, leasing as well as enforcements and evictions.
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