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(In Chinese)
What is the
National Interest Waiver (NIW)?
What is
the "national interest"?
INS Rules on
National Interest Waiver
What
documents do we need to prepare your case?
The National Interest Waiver (NIW) is a waiver of the job
offer requirement for individuals who wish to immigrate to the United States. Normally, a
professional who wishes to work in the U.S. must undergo the long and arduous Labor
Certification process, but if the alien can prove that, he or she is
- Alien of Exceptional Ability or an Advanced Degree
Professional; and
- Involved in an activity which could prospectively benefit
the National Interest;
Then he or she may be eligible to file for a NIW which
provides several serious advantages over the usual permanent residency process.
Who qualifies?
Factors that have been considered in successful cases
include:
 | The aliens admission will improve the U.S. economy.
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| The aliens admission will improve wages and working
conditions of U.S. Workers. |
| The aliens admission will improve educational and training
programs for U.S. children and underqualified workers.
|
| The aliens admission will provide more affordable housing
for young, aged, or poor U.S. residents. |
| The aliens admission will improve the U.S. environment and
lead to more productive use of the national resources.
|
| The aliens admission is requested by an interested U.S.
government agency. |
Many of our cases in which National Interest Waivers have been approved were supported by
affidavits from well-known, established and influential people or organizations.
For example, an application being submitted for a scientist should contain affidavits from
leading scientists, representatives, and from other organizations associated with the type
of research to be pursued.
Documenting past achievements, as well as proof that the alien has already created jobs,
turned around a business or created an increase in exports or other economic improvements
should prove instrumental in gaining approval.
The following is a note from the INS Texas Service Center:
| Those seeking qualification for a waiver of labor
certification based on services considered in the national interest must make a showing
significantly above that to prove prospective national benefit required of all aliens
seeking qualification as exceptional. It applies only to aliens who will substantially
benefit prospectively the national economy, cultural or educational interests or welfare
of the United States. |
| National interest cases require that the emphasis rest with
the overall value and potential of the beneficiarys individual contribution to the U.S. --
not the fact that they are working in a field of high national interest. The alien may
qualify by being found to be a key or critical. member of a team if it can be shown that
the team function would be severely impaired without this member. Merely working in an
area of national interest does not necessitate a finding of national interest
qualification. |
| We highly recommend the submission of better testimonial
letters from substantial, recognized national or international organizations/institutes/
government agencies with the expertise to definitely say that the work or contribution of
the individual truly is in the national interest. The authors of these third-party
testimonial letters should clearly state how they came to be familiar with the aliens
work. |
| When accompanied by these improved advisory opinions. and
when focused on the individual, time will be saved and returns for evidence will be
reduced. Also, placing the testimonial evidence with the attorney/petitioner summary
letters at the front directly beneath the Form I-140 will eliminate examiner time spent
wading through academics articles, field surveys, general reports, etc., which often add
minimal weight to bolster the claim for his/her specific achievements or individual
national interest potential. |
| We see many claims for graduate students who have not had
enough time or experience as a researcher or engineer in order to qualify for E2-1
category and have done little, outside the work required to complete their degree. Often
the claim is made that their area of research is so potentially cutting edge or so
significant that it must be in the national interest. In accordance with established
criteria, it should be very difficult for the above-described person to qualify. the class
is not designed for all graduate researchers to qualify. |
| Our officers look for realistic evidence of substantial
prospective benefit to a national interest item or agenda which specifically sets the
alien apart from others in the field. |
What types of supporting documents are required?
Evidence of a one-time achievement (i.e., a major,
internationally-recognized award), or at least three of the following:
| receipt of lesser nationally or internationally recognized
prizes or awards for excellence in the field of endeavor,
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| membership in associations in the field which require
outstanding achievements as judged by recognized national or international experts,
published material about the alien in professional or major trade publications or other
major media, |
| participation on a panel or individually as a judge of the
work of others in the field or an allied field, |
| original scientific, scholarly, artistic, athletic, or
business-related contributions of major significance in the field,
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| authorship of scholarly articles in the field, in
professional or major trade publications or other major media,
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| display of the alien's work at artistic exhibitions or
showcases, |
| evidence that the alien has performed in a leading or
critical role for organizations or establishments that have a distinguished reputation,
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| evidence that the alien has commanded a high salary or other
high remuneration for services, or |
| evidence of commercial successes in the performing arts, as
shown by box office receipts or record, cassette, compact disk, or video sales.
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If the above standards do not readily apply to the alien's occupation, you may submit
comparable evidence to establish the alien's eligibility.
Because the category of national interest waiver does not
have well-defined rules to follow, we suggest you email
us a copy of your resume and tell us what you are doing now, then we evaluate your
case for the best green card options.
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