On January 21, 2022, USCIS published significant updates to its guidelines that outline how national interest waiver (NIW) cases are adjudicated.
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NIW petitioners should propose more than a simple job search, they should present evidence of interest in their specific research or business project.
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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.
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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.
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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…
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General category NIW can be a more convenient alternative than Physician NIW or PERM for foreign medical doctors immigrating to the U.S.
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RFEs are commonly issued for insufficient substantiation of proposed endeavor, national importance, and examples of the industry wide impact of your work.
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Approved EB-2 petition beneficiaries can retain their priority date for a subsequently approved EB-1 petition.
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Three strategies to succeed in the “national importance” prong of a NIW petition: be specific, identify industry-wide impacts, and focus on innovations.
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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.
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My family lives outside the U.S., can they apply for the NIW green card with me?
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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.
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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.
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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.
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For NIW applicants who are applying as entrepreneurs, a comprehensive business plan is an important part of the NIW application.
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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…
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The National Interest Waiver (NIW) is an employment based green card category that permits applicants to self-petition. The NIW falls under the EB-2 green card category, which means that any applicant…
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The National Interest Waiver (NIW) is an employment based green card category that permits the applicant to self-petition. Applicants can also be sponsored by an employer. The “waiver” part of the National…
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A National Interest Waiver is a green card petition that falls under the employment-based second preference (“EB-2”) category. Normally in this category an employer must go through a PERM labor…
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The National Interest Waiver (NIW) is an employment based green card category that permits self-petitioning. The waiver part of the name is based on the fact that this green card…
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The National Interest Waiver (NIW) is an employment based green card option in the EB-2 category. To qualify for an EB-2, the applicant must have an advanced degree or its…
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The National Interest Waiver (NIW) is an employment based green card category that permits self-petitioning. The waiver part of the name is based on the fact that this green card…
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Expert letters are an important part of a National Interest Waiver application, as they can be used to discuss the applicant’s professional history and success, as well as explain the…
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Employers looking to hire permanent workers in occupations listed on the U.S. Department of Labor’s Schedule A, including college and university teachers of exceptional ability and individuals of exceptional ability…
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Employers looking to hire permanent workers in occupations listed on the U.S. Department of Labor’s Schedule A, including Professional Nurses and Physical Therapists, are able to bypass the time-consuming process…
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