How to Build a National Interest Waiver (NIW) Brand
How to Build a National Interest Waiver (NIW) Brand
Unlike PERM labor certification, NIW petitions don’t require an employer. Instead, the NIW green card is self-sponsored.
To qualify for a niw, you must have a project that benefits the United States in some way. Generally, these projects involve scientific research or work in fields such as healthcare, education, economic advancement, national security, and business.
1. You must be an expert in your field.
When people think about branding themselves, they often think of things like logos, slogans, and website style. However, these are only a small fraction of the ingredients that help to build an expert brand. Passion is the key to becoming an expert. This passion will help you to keep going when things get tough and overcome your discouragement.
Becoming an expert in your field means constantly pushing yourself to explore new ideas, try out innovative approaches and learn about the latest trends within your industry. This is an important part of the process, as it keeps you at the forefront of your industry. Experts are adventurous and not afraid to explore uncharted territory in their profession.
Another important aspect of becoming an expert in your field is showing that you’ve made significant contributions to the overall body of knowledge in your field. This can be shown through scholarly papers, books and other publications. In addition, you can also demonstrate this through letters of recommendation from reputable individuals in your field who have recognized your expertise and accomplishments.
One of the most important requirements for obtaining an NIW is showing that your endeavor will be in the national interest. This can be shown in a variety of ways, such as demonstrating that your work will benefit the economy, education, science, technology or health of the United States. Note that meeting this criterion is not a guarantee of NIW approval. USCIS will evaluate each case on a per-case basis.
It’s also worth noting that the NIW process is more flexible than the PERM labor certification process, as it allows you to self-petition and does not require a sponsoring employer or job offer. Regardless, the process of obtaining an NIW is still lengthy and rigorous. Therefore, it is essential to consult with an experienced niw attorney who can guide you through the process.
2. Your work must be important.
You may be able to get a waiver of national interest without having an offer of employment if your work has a significant value for the United States. If you are conducting research to advance the field or energy efficiency, this would be beneficial for the United States, and therefore meet the criteria. This criteria can also be met if your work has a significant impact on the economy of the country. Peng & Weber obtained NIWs in the past for professors and Ph.D. Students, professional dancers, Chinese Medicine experts, businesspeople, etc.
The USCIS will evaluate the significance of your endeavor in order to determine if it is in the national interests and if you are exempt from labor certification. Applicants can strengthen their case by submitting letters of recommendation from independent recommenders who are familiar with your accomplishments and the benefits of your work. The weight of letters from colleagues and peers is less than that of independent recommenders.
Moreover, if your work has already been implemented and demonstrated to be of benefit to the nation, it will also bolster your case. Patents, conference papers, awards and other official acknowledgements can be used as evidence. In addition, it is helpful to submit evidence of the impact that your work has had on society, such as patient outcomes, improved educational or employment opportunities, reduced environmental impacts, or broader cultural understandings. This will demonstrate that your work is of significant value and that you are well-positioned to advance the proposed endeavor.
3. Your work must be practical.
Unlike the first criterion, this is not an absolute, but rather an element that must be considered in each individual case. Applicants must show that their work can be applied in practical terms to advance the greater society of the United States. If, for example, the applicant’s research focuses on healthcare, then they could argue that it’s important for the nation to continue innovating in this area to better care for their citizens. Entrepreneurs could also make this point by showing that their business ideas are innovative and can have a substantial economic impact.
Letters of recommendation from independent sources can be a powerful tool for those in the scientific field to demonstrate their impact on the field and the importance of their work. Citation records can also be helpful to demonstrate your impact on the field.
4. Your work must benefit the United States as a whole.
In the case NIWs the petitioner has to show that their work benefits the United States as a whole, and not just the field they are in. This is a key factor in determining whether the USCIS will waive the requirement that the foreign national have a job offer from a U.S. company niw attorney fee and undergo a labor certification process.
The proposed venture of the alien must be of substantial merit and national significance in the fields of education, health, business, science, and technology. This is a subjective standard that will be weighed on a case-by-case basis, as there is not a set amount of economic benefit needed to qualify for an NIW.
This can be demonstrated by obtaining letters of recommendation from experts in your field who can attest to both your accomplishments and your contribution to the United States. This is one of the most important elements in an NIW application, so it is crucial that you choose individuals who are well-versed in your field and can provide credible and objective recommendations.
The letter writers should also be able explain why they think your work is so important and how it differs from other work in your field. For example, letters from award-winning professors or researchers can help establish your expertise in your field and highlight the unique skills you bring to the United States.
The USCIS will also assess whether your proposed venture would be beneficial for the United States in light of the national need and other factors such as the fact there are no qualified workers in the United States that could engage in this endeavor. This is particularly true if the work you do is of critical or extraordinary importance to the country. The NIW criteria are very difficult to meet but if you succeed in self-petitioning wegreened with an NIW, the rewards can be huge. If you are interested in pursuing this option, please contact us to discuss your situation.
