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NIW

A person conducting research
Can I use Wikipedia in support of my immigration case? Can I submit Wikipedia articles to show circulation figures of major media for my O1, EB1, NIW case? Extraordinary Ability

Can I use Wikipedia in support of my immigration case? Can I submit Wikipedia articles to show circulation figures of major media for my O1, EB1, NIW case?

No, you should not submit Wikipedia as evidence of facts impacting your eligibility for an immigration benefit, because USCIS will not assign weight to information from Wikipedia, due to its nature as an open, user-edited internet site with no assurances…
October 31, 2023
STEM
I am a recent STEM Ph.D. graduate and a junior researcher. I have no publications or citations. How can I meet the “Well Positioned” requirement for an NIW? National Interest Waiver

I am a recent STEM Ph.D. graduate and a junior researcher. I have no publications or citations. How can I meet the “Well Positioned” requirement for an NIW?

A degree in and of itself is not sufficient to meet the Well Positioned requirement for the NIW, but junior researchers can rely on alternative forms of evidence such as a letter from a government agency.
July 13, 2023
Revenue generation
Is there a minimum number of U.S. jobs created and business revenues that would guarantee NIW approval for an entrepreneur? National Interest Waiver

Is there a minimum number of U.S. jobs created and business revenues that would guarantee NIW approval for an entrepreneur?

There is no minimum number of U.S. job creation or revenue generation in the regulations or case law that the government defines as “substantial” at a level to satisfy national importance. Applicants can benefit from developing additional arguments why their…
July 7, 2023
A group of professionals gathered
How can I prove that my work will impact my field more broadly to support national importance for an NIW petition? National Interest Waiver

How can I prove that my work will impact my field more broadly to support national importance for an NIW petition?

To support national importance for NIW, the applicant can focus on their innovative approach or technology that is different and better than the conventional approach in their field. Innovation can impact the field as a whole, and therefore the benefits…
July 6, 2023
expert letters
What is the difference between expert letters for O1 or EB1A petitions compared to NIW petitions? Can I re-use the same letters I used for a different category petition? National Interest Waiver

What is the difference between expert letters for O1 or EB1A petitions compared to NIW petitions? Can I re-use the same letters I used for a different category petition?

This post summarizes the nuances of how expert letters play different roles in O1, EB1, and NIW petitions and how they are prepared differently.
June 30, 2023
A group of entrepreneurs gathered
Alternative ways entrepreneurs can prove they are well positioned to advance their endeavor in an NIW petition National Interest Waiver

Alternative ways entrepreneurs can prove they are well positioned to advance their endeavor in an NIW petition

Entrepreneurs can rely on alternative forms of evidence to prove they are well positioned to advance their endeavor for an NIW petition, including ownership of entity, incubator admission, outside investment, and letters from third party experts.
May 26, 2023
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