National Interest Waiver

The advantages of NIW over other visa categories for highly skilled professionals

The ability to self-petition, flexibility in the type of work, faster processing times, and accessibility for a wide variety of professionals make the NIW green card an advantageous choice.

Khadija DerrickMay 12, 2023

National Interest Waiver

Case Study: NIW green card for Ophthalmologist: How to Meet National Importance?

Case study on how can a foreign-trained Ophthalmologist and medical scientist frame their proposed endeavor to maximize their chances for NIW approval.

Khadija DerrickMay 11, 2023

National Interest Waiver

How can a finance researcher qualify for an NIW?

This post analyzes an NIW approval case study for a finance researcher, which shows how petitioners in a non-tech field (e.g., economics, social sciences, or humanities) can also prepare a strong application.

Khadija DerrickMay 10, 2023

National Interest Waiver

What kinds of evidence can support my NIW proposed endeavor has substantial merit and national importance? Part 2

This post overviews the list of evidence USCIS uses when they are evaluating NIW petitions for substantial merit and national importance.

Khadija DerrickMay 8, 2023

National Interest Waiver

What kinds of evidence can support my NIW proposed endeavor has substantial merit and national importance? Part 1

This post overviews the list of evidence USCIS uses when they are evaluating NIW petitions for substantial merit and national importance.

Khadija DerrickMay 8, 2023

National Interest Waiver

Can artists qualify for an EB2 NIW green card? What makes for a successful case?

Artists can qualify for the EB2 NIW green card if they present sufficient evidence to show their activities will “broadly enhance cultural or artistic enrichment” in the United States. The benefits of their proposed endeavor must extend beyond their own…

Khadija DerrickMay 4, 2023

A lawyer standing in front of legal books on a bookshelf

National Interest Waiver

Can a lawyer qualify for an NIW? Key considerations

Yes, it is possible for a lawyer to qualify for an EB2 NIW (national interest waiver) green card, provided the applicant can prove their work has national or global implications in the field of law.

Khadija DerrickMay 3, 2023

National Interest Waiver

How do you define “significant contributions to the industry?” NIW Exceptional Ability criteria Explained.

To qualify for this criterion, the applicant must show that their work has had an impact beyond employers, clientele, and their specific projects at a level indicating a significant contribution to the industry or field.

Khadija DerrickMay 2, 2023

A group of professionals in a professional associations

National Interest Waiver

How do you define a “professional association” in the NIW context? Exceptional ability criteria explained

To qualify as a professional association, the membership body must be comprised with “professionals,” which is defined in the regulations as an occupation for which a Bachelor’s degree is the minimum requirement for entry in the occupation.

Khadija DerrickMay 1, 2023

National Interest Waiver

Case Study: Can a Soccer Coach Qualify for an NIW? Top 3 Lessons Learned

For a soccer coach to qualify for an NIW, they need to show their activities will result in large-scale impact to the progress of the industry as a whole, beyond their immediate students and cohort.

Khadija DerrickMay 1, 2023

Immigration National Interest Waiver

Recent trends in EB-2 NIW (National Interest Waiver) adjudication

This post summarizes the updates to NIW policy in 2022-2023 and introduces some trends in how the NIW criteria are interpreted.

Khadija DerrickApril 17, 2023

Immigration National Interest Waiver

Can you qualify for a National Interest Waiver with no Google Scholar and no Citations?

You certainly can! Clients sometimes come to us and relay advice they heard from other attorneys that having a Google Scholar profile and a citation count is “mandatory” to qualify for a National Interest Waiver. This is a common misconception.…

Khadija DerrickApril 17, 2023

Immigration National Interest Waiver

Can I appeal a denial of an EB-2 National Interest Waiver petition to federal court?

Federal courts do not have jurisdiction to review USCIS’s denial of a National Interest Waiver per Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019), but they can review EB1A denials.

Khadija DerrickApril 14, 2023

Two individuals looking over a collection of documents

Immigration National Interest Waiver

Can I submit a new Proposed Endeavor for my NIW petition after receiving a Request for Evidence (RFE)?

While NIW applicants can provide more detailed explanation and evidence of their proposed endeavor after receiving an RFE, they cannot materially change their endeavor to something inconsistent to what they have submitted before.

Khadija DerrickApril 14, 2023

A business man considering his NIW options

Immigration National Interest Waiver

What kinds of proposed endeavor are likely to lead to an NIW approval?

In most successful petitions, the proposed endeavor is specific, focused, credible, and supported by objective evidence. At the same time, the project’s impact should be broad enough to make improvements to the field as a whole.

Khadija DerrickApril 13, 2023

A graduate holding up a bachelor's degree

Immigration National Interest Waiver

Could 3-year bachelor degrees affect your National Interest Waiver (NIW) application?

A 3-year bachelors degree may not be found equivalent to a US bachelors degree, which may affect the outcome of an EB-2 NIW case.

Khadija DerrickApril 12, 2023

Immigration National Interest Waiver

I’m an engineer working at a company. I have never published papers or patents. How can I qualify for an NIW?

Although publishing papers and patents can help an NIW petition, applicants can be approved without papers or patents if they can show a significant degree of influence and impact in their fields through other forms of evidence.

Khadija DerrickApril 11, 2023

A woman reading a letter of support that she received

Immigration National Interest Waiver

Can a letter of support from a local governmental office help strengthen an NIW petition?

Letters of support from smaller or local levels of government, such as the City or regional, or community level, can also work in favor of a NIW petition.

Khadija DerrickMarch 22, 2023

Immigration National Interest Waiver

National Interest Waiver (NIW) Approved for an E-2 Entrepreneur in Health Products Industry

We just had a National Interest Waiver (NIW) I-140 petition approved from USCIS Nebraska Service Center about 1 month after submission with premium processing.

Khadija DerrickMarch 9, 2023

E-2 Visa Immigration National Interest Waiver

National Interest Waiver (NIW) Approved for a Cybersecurity Entrepreneur on E-2 Visa

We just had a National Interest Waiver (NIW) I-140 petition approved from USCIS Texas Service Center about 1 month after submission with premium processing.

Khadija DerrickMarch 2, 2023

Immigration National Interest Waiver

Should I self-petition for my NIW/EB-1A or use an employer sponsor?

NIW and EB1A green card applicants have the ability to self-petition or may be sponsored by an employer.

Khadija DerrickFebruary 22, 2023

Immigration National Interest Waiver

What is the difference between “substantial merit” and “national importance” in NIW petitions?

An endeavor’s substantial merit may be established without immediate or quantifiable economic impact. To also have national importance, the impact of the specific endeavor itself must be broad enough.

Khadija DerrickJanuary 17, 2023

Immigration National Interest Waiver

How to put together a winning NIW case for a pilot

It is a common misconception that pilots automatically qualify for a national interest waiver (NIW) green card because the United States has a shortage of pilots. The pilot’s project in the United States must stand to advance the aviation field…

Khadija DerrickJanuary 16, 2023

Immigration National Interest Waiver

Premium processing is now available for all EB1C and EB2 NIW applicants

Premium processing is now available for all EB1C and EB2 NIW applicants. The fee is $2,500 and USCIS will issue a decision within 45 days of receiving a complete petition.

Khadija DerrickJanuary 13, 2023

Immigration National Interest Waiver

Can a philosopher qualify for a National Interest Waiver (NIW) green card?

Yes! A recent appeals decision confirms how the National Interest Waiver (NIW) can be a successful green card pathway for professionals in humanities fields, such as philosophy.

Khadija DerrickJanuary 11, 2023

The advantages of NIW over other visa categories for highly skilled professionals

Case Study: NIW green card for Ophthalmologist: How to Meet National Importance?

How can a finance researcher qualify for an NIW?

What kinds of evidence can support my NIW proposed endeavor has substantial merit and national importance? Part 2

What kinds of evidence can support my NIW proposed endeavor has substantial merit and national importance? Part 1

Can artists qualify for an EB2 NIW green card? What makes for a successful case?

Can a lawyer qualify for an NIW? Key considerations

How do you define “significant contributions to the industry?” NIW Exceptional Ability criteria Explained.

How do you define a “professional association” in the NIW context? Exceptional ability criteria explained

Case Study: Can a Soccer Coach Qualify for an NIW? Top 3 Lessons Learned

Recent trends in EB-2 NIW (National Interest Waiver) adjudication

Can you qualify for a National Interest Waiver with no Google Scholar and no Citations?

Can I appeal a denial of an EB-2 National Interest Waiver petition to federal court?

Can I submit a new Proposed Endeavor for my NIW petition after receiving a Request for Evidence (RFE)?

What kinds of proposed endeavor are likely to lead to an NIW approval?

Could 3-year bachelor degrees affect your National Interest Waiver (NIW) application?

I’m an engineer working at a company. I have never published papers or patents. How can I qualify for an NIW?

Can a letter of support from a local governmental office help strengthen an NIW petition?

National Interest Waiver (NIW) Approved for an E-2 Entrepreneur in Health Products Industry

National Interest Waiver (NIW) Approved for a Cybersecurity Entrepreneur on E-2 Visa

Should I self-petition for my NIW/EB-1A or use an employer sponsor?

What is the difference between “substantial merit” and “national importance” in NIW petitions?

How to put together a winning NIW case for a pilot

Premium processing is now available for all EB1C and EB2 NIW applicants

Can a philosopher qualify for a National Interest Waiver (NIW) green card?

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