National Interest Waiver

Question: Does filing an NIW petition automatically extend my status in the United States?

Filing an I-140 alone does not allow an applicant to stay beyond expiry of their status in the US. Filing an adjustment-of-status (I-485) before the expiry of their current status will allow an applicant to stay in the US while…

Khadija DerrickSeptember 15, 2022

Immigration National Interest Waiver

Guide to a “Winning” NIW Expert Letter

It is very important to include the right level of specific examples and details about the expert, the applicant’s proposed endeavor, and applicant’s prior successful projects, and avoid conclusory or general language.

Khadija DerrickSeptember 5, 2022

Immigration National Interest Waiver

National Interest Waiver (NIW) Approval in 2 Months

We just had a National Interest Waiver approval for an innovative entrepreneur who provides a unique solution in a particular space.

Khadija DerrickSeptember 1, 2022

Immigration National Interest Waiver

NIW Case Study – What do you need for a winning NIW petition for an avionics engineer and entrepreneur?

For a successful NIW petition for an avionics engineer and entrepreneur, be sure to show broad impacts that extend beyond your clients and show significant job creation potential.

Khadija DerrickAugust 31, 2022

Approvals E-2 Visa Immigration National Interest Waiver

National Interest Wavier (NIW) Petition After NOID

We just had a National Interest Waiver approval for an innovative entrepreneur who provides a unique solution in a particular space.

Khadija DerrickJune 28, 2022

Immigration National Interest Waiver

National Interest Waiver – Evidence for Entrepreneurs

Recent changes to the USCIS Policy Manual provided important guidance about alternative forms of evidence entrepreneurs can use to qualify for the NIW green card.

Khadija DerrickJune 3, 2022

Immigration National Interest Waiver

NIW Approval for Entrepreneur and Business Owner

We just had an NIW approval for a client that was an entrepreneur and business owner. The applicant performed consulting services that enhanced the businesses of others.

Khadija DerrickMarch 29, 2022

Immigration National Interest Waiver

I am an airline pilot. Can I qualify for a green card based on EB-2 National Interest Waiver (NIW)?

Contrary to popular belief, not all pilots qualify for an NIW. Applicants need to present a specific plan to advance the field as a whole.

Khadija DerrickFebruary 9, 2022

Immigration National Interest Waiver

News: USCIS updates National Interest Waiver (NIW) guidelines for Entrepreneurs

On January 21, 2022, USCIS published significant updates to its guidelines that outline how national interest waiver (NIW) cases are adjudicated. Detailed sections were added that provide valuable insights for applicants that fall under two categories.

Khadija DerrickJanuary 26, 2022

Immigration National Interest Waiver

News: USCIS updates National Interest Waiver (NIW) guidelines for STEM applicants

On January 21, 2022, USCIS published significant updates to its guidelines that outline how national interest waiver (NIW) cases are adjudicated.

Khadija DerrickJanuary 24, 2022

Immigration National Interest Waiver

NIW strategy – How specific does your “proposed endeavor” have to be?

NIW petitioners should propose more than a simple job search, they should present evidence of interest in their specific research or business project.

Khadija DerrickJanuary 20, 2022

Immigration National Interest Waiver

NIW strategy for entrepreneurs – how to successfully argue substantial merit and national importance

Entrepreneurs can improve their chances at the NIW application by presenting a specific and original value of their offering, evidence of interest from clients, and a good business plan.

Khadija DerrickJanuary 20, 2022

Immigration National Interest Waiver

I am a nurse. Can I succeed in my NIW application by saying there is a shortage of nurses in the United States, so it is in the national interest to retain me as a nurse?

Labor shortage in a particular field is not enough to establish national importance. Petitioners must demonstrate spillover effects to industry as a whole beyond one’s immediate employer or clients.

Khadija DerrickJanuary 19, 2022

Immigration National Interest Waiver

My NIW/EB-1A Self-Petition was Denied. Should I Re-Apply?

If your NIW or EB-1A was denied, you may have a better chance re-applying with new evidence or with a different case presentation strategy, and a new officer looking at your petition.

Khadija DerrickDecember 8, 2021

Immigration National Interest Waiver

NIW Strategy for Medical Doctors – Physician NIW or General Category NIW?

General category NIW can be a more convenient alternative than Physician NIW or PERM for foreign medical doctors immigrating to the U.S.

Khadija DerrickDecember 3, 2021

Immigration National Interest Waiver

Three types of RFEs on a National Interest Waiver petition, and how to respond

RFEs are commonly issued for insufficient substantiation of proposed endeavor, national importance, and examples of the industry wide impact of your work.

Khadija DerrickNovember 29, 2021

Immigration National Interest Waiver

Can I “port” my priority date on an approved EB-2 NIW petition to EB-1?

Approved EB-2 petition beneficiaries can retain their priority date for a subsequently approved EB-1 petition.

Khadija DerrickNovember 26, 2021

Immigration National Interest Waiver

Strategizing NIW – Substantial Merit and National Importance

Three strategies to succeed in the “national importance” prong of a NIW petition: be specific, identify industry-wide impacts, and focus on innovations.

Khadija DerrickNovember 26, 2021

Immigration National Interest Waiver

Strategizing NIW – Well Positioned to Advance the Proposed Endeavor

Strategies to succeed in the “well positioned” prong of NIW petition: present evidence that your work has been implemented, utilized, or recognized by others in your field.

Khadija DerrickOctober 22, 2021

Immigration National Interest Waiver

Can My Family Apply for the NIW Green Card with Me?

My family lives outside the U.S., can they apply for the NIW green card with me?

Khadija DerrickMay 4, 2021

Immigration National Interest Waiver

Should I Self-Petition for a National Interest Waiver?

NIW applicants have the benefit of self-petitioning. Entrepreneurs, consultants and other applicants who want more flexibility in their future work plans may prefer to self-petition.

Khadija DerrickApril 28, 2021

Immigration National Interest Waiver

How Can I Prove Exceptional Ability for a National Interest Waiver?

NIW applicants who are qualifying based on exceptional ability should provide as much documentation as possible to show they are exceptional compared to others in their field.

Khadija DerrickApril 13, 2021

Immigration National Interest Waiver

Experience Required for a National Interest Waiver

While there is no specific number of years of experience required for an NIW application, applicants should have a strong track record of significant success in their industry.

Khadija DerrickApril 1, 2021

Business Plans Immigration National Interest Waiver

Do I Need a Business Plan for a National Interest Waiver?

For NIW applicants who are applying as entrepreneurs, a comprehensive business plan is an important part of the NIW application.

Khadija DerrickMarch 29, 2021

Immigration National Interest Waiver

I Would Like to Apply for a National Interest Waiver (NIW). How do I Prove I am Well Positioned to Advance my Proposed Endeavor?

The National Interest Waiver (NIW) is an employment based green card category. The NIW falls under the EB-2 category, which means that as a threshold requirement each applicant must have an advanced degree or its equivalent (a bachelor’s degree plus 5…

Khadija DerrickMarch 11, 2021

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Question: Does filing an NIW petition automatically extend my status in the United States?

Guide to a “Winning” NIW Expert Letter

National Interest Waiver (NIW) Approval in 2 Months

NIW Case Study – What do you need for a winning NIW petition for an avionics engineer and entrepreneur?

National Interest Wavier (NIW) Petition After NOID

National Interest Waiver – Evidence for Entrepreneurs

NIW Approval for Entrepreneur and Business Owner

I am an airline pilot. Can I qualify for a green card based on EB-2 National Interest Waiver (NIW)?

News: USCIS updates National Interest Waiver (NIW) guidelines for Entrepreneurs

News: USCIS updates National Interest Waiver (NIW) guidelines for STEM applicants

NIW strategy – How specific does your “proposed endeavor” have to be?

NIW strategy for entrepreneurs – how to successfully argue substantial merit and national importance

I am a nurse. Can I succeed in my NIW application by saying there is a shortage of nurses in the United States, so it is in the national interest to retain me as a nurse?

My NIW/EB-1A Self-Petition was Denied. Should I Re-Apply?

NIW Strategy for Medical Doctors – Physician NIW or General Category NIW?

Three types of RFEs on a National Interest Waiver petition, and how to respond

Can I “port” my priority date on an approved EB-2 NIW petition to EB-1?

Strategizing NIW – Substantial Merit and National Importance

Strategizing NIW – Well Positioned to Advance the Proposed Endeavor

Can My Family Apply for the NIW Green Card with Me?

Should I Self-Petition for a National Interest Waiver?

How Can I Prove Exceptional Ability for a National Interest Waiver?

Experience Required for a National Interest Waiver

Do I Need a Business Plan for a National Interest Waiver?

I Would Like to Apply for a National Interest Waiver (NIW). How do I Prove I am Well Positioned to Advance my Proposed Endeavor?

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