NIW

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

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

Español Foreign Language Articles

Estrategia NIW – ¿Qué tan específico debe ser su “esfuerzo propuesto”?

Los solicitantes de NIW deben proponer algo más que una simple búsqueda de empleo, deben presentar pruebas de interés en su investigación específica o proyecto empresarial.

Khadija DerrickMarch 10, 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

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

Extraordinary Ability Immigration National Interest Waiver

Differences between an EB1A Extraordinary Ability and EB2 National Interest Waiver Green Card Category

For an EB1A petition the main focus is the proving applicant is a well-known famous figure in their field. For an EB2 NIW petition, the focus is the applicant’s plans in the U.S. and whether the proposed work has national…

Khadija DerrickDecember 15, 2022

Immigration

NIW Case Study – Founder of IT Consulting Company

Following the landmark Matter of Dhanasar decision in 2016, an increasing number of entrepreneurs have self-petitioned and obtained permanent residency through the EB-1 National Interest Waiver (NIW) category.

Khadija DerrickDecember 7, 2022

Immigration National Interest Waiver

NIW Case Study: Supporting professionals in key research projects

The NIW is typically sought out by scientists who lead and develop original research in topics highly important to the country, but it can also be used – with the right evidence – by supporting professionals who play a key…

Khadija DerrickOctober 3, 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

A female entrepreneur working on her laptop in her office

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

A man holding a tablet that projects the word "Guideline" in front of him

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

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

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

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

Approvals

NIE Approved by the U.S. Consulate in Prague!

Scott Legal, PC just had a National Interest Exception Application (NIE) approved by the U.S. Consulate in Prague. The NIE was approved under the new, stricter guidance.

Khadija DerrickMarch 31, 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

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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

Immigration National Interest Waiver

Can I Qualify for a National Interest Waiver (NIW) Without a Degree?

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 must have an advanced degree or equivalent (a baccalaureate or…

Khadija DerrickMarch 10, 2021

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Immigration National Interest Waiver

What documents are submitted for a National Interest Waiver petition?

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 Interest Waiver is based on the fact that this green…

Khadija DerrickMarch 8, 2021

Immigration National Interest Waiver

Important Considerations for Entrepreneurs filing an NIW

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 certification process where they undertake a recruiting exercise to show…

Jenny ZhanMarch 4, 2021

Immigration National Interest Waiver Questions & Answers

The National Interest Waiver (NIW) – Top Questions and Answers

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 is granted based on a waiver of the job offer…

Khadija DerrickMarch 1, 2021

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)?

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

Estrategia NIW – ¿Qué tan específico debe ser su “esfuerzo propuesto”?

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

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?

Differences between an EB1A Extraordinary Ability and EB2 National Interest Waiver Green Card Category

NIW Case Study – Founder of IT Consulting Company

NIW Case Study: Supporting professionals in key research projects

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

National Interest Waiver – Evidence for Entrepreneurs

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

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?

Strategizing NIW – Substantial Merit and National Importance

Should I Self-Petition for a National Interest Waiver?

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

NIE Approved by the U.S. Consulate in Prague!

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?

Can I Qualify for a National Interest Waiver (NIW) Without a Degree?

What documents are submitted for a National Interest Waiver petition?

Important Considerations for Entrepreneurs filing an NIW

The National Interest Waiver (NIW) – Top Questions and Answers

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