Requirements for National Interest (NIW) Waiver Petition- EB2

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    To Qualify for NIW You Have to Qualify for EB-2 Category:

    When a foreign national petitioner has established their standard eligibility under the EB-2 preference category, the foreign national have to further establish that they get approved for the National Interest Waiver (NIW) and meet the NIW requirements, if they wish to avoid the requirement of a job offer, a labor certificate and/or need to self-petition. Let’s dig more into NIW requirements together.

    Required Evidence

    To prove that your vocation is of “substantial intrinsic merit”, supplementary documentation must be provided that will substantiate the contention that the end result of your work is vital to the U.S. The evidence must be easy to understand and should explain the value that is added as well as the practical uses that are provided.

    Suitable evidence may include the submission of articles or publications that explain the importance of your research and the benefits generated for the U.S.  Other examples of evidence may include letters of recommendation from experts in your industry that allude to the effects of your research and its significance to the United States. Letter of recommendation is an essential aspect of NIW (National Interest Waiver) petitions. 

    Approved Examples: The following are examples of approved cases presented by our firm in 2013.

    • The health of millions of U.S. residents is positively affected by anti-cancer and anti-viral drugs invented by a medicinal chemistry postdoctoral researcher.
    • Transportation, safety, and infrastructure of the U.S. are enhanced by a civil engineer striving to extend the durability of asphalt.
    • Energy production efficiency in the U.S. is advanced by a petroleum engineering consultant through the increased progress of environmentally-friendly methods.
    • Awareness of vocal health by society as a whole is inspired by an opera singer.
    • American design and art is advanced by an animator.
    • U.S. healthcare is greatly improved by the contributions of a gastroenterology physician through advancements in digestive disease diagnosis and treatment.
    • The U.S. economy is enriched by the creation of jobs by an entrepreneur.
    • Economic growth and risk management in the U.S. are greatly advanced by the contributions of a research associate in the area of economics.

    Required Evidence

    Even though a simple explanation of the benefits to the nation is used as evidence, other forms of verification can be used to provide evidence of benefiting a national goal. The other forms of evidence may include:

    If the U.S. government is financially supporting your work, this may be used as evidence to substantiate the fact that the entire nation is benefiting from your efforts.

    If your work is being cited by other researches who are utilizing your efforts, then this may be used as evidence that the research is being implemented and used to positively impact the relative professional field as well as for the good of the nation as a whole.

    Recommendation letters from knowledgeable professionals can prove through example or explanation that the effects of the work will benefit not only geographic regions, but the entire nation.

    Aria Vatankhah

    Our firm has demonstrated success in the scientific research field, but we have also gained much experience while positively representing clients from more distinctive areas such as web-developers, artists, musicians, and economists, even though the national goal is much more difficult to prove.

    Aria Vatankhah​

    NIW Approved Examples: The following are examples of approved NIW cases presented by our firm in 2013.

    • Nationwide healthcare is benefited by research on cancer therapies performed by an oncology medical researcher.
    • Nationally implemented diagnostic practices are improved by a physician.
    • The performance of batteries (used nationally) is advanced by an electrochemistry postdoctoral researcher.
    • The musical culture of the nation is affected by a musician through the distribution of CDs and nationwide performances.
    • U.S. water safety is impacted by a geologist examining mineral-water reactions.
    • National web-content development is produced by a web-developer.

    There are several questions that must be answered in order to prove that the alien’s sustained presence is in the “national interest” of the United States.

    The AAO further expounded, “The alien must clearly present a significant benefit to the field of endeavor” and must confirm that there has been “some degree of influence on the field as a whole.” Hence, the alien must prove the positive impact that they have on their particular area. This may be done through actual usage of the referenced work or through the submission of recognitions received for the work.

    Required Evidence

    Evidence must be presented to validate the claim that the alien has fulfilled the requirements for “national interest”.

    Additionally, our firm must present competent arguments that reinforce these claims.  Irrefutable evidence must be presented that proves how the alien has positively affected their respective field of work in addition to an explanatory statement of how this was accomplished.

    Evidence commonly used by our firm in EB-2 NIW (National Interest Waiver) cases is listed below as well as descriptions of how the evidence can be used to fulfill the requirements for NIW (National Interest Waiver).

    A history of scientific achievement in the form of a thorough publication profile should be part of the submitted documentation of the petition.

    This is not enough to prove the alien’s impact on the relative field of work. A citation record should also be included with the publication profile in order to outline the impact of the work and to prove that the alien’s work is being used and acknowledged by other professionals in the field.

    Average citation records as well as journal impact factors will also prove the range of influence that the researcher has attained in the relative field of work.

    There is not a proven number of citations that guarantee a NIW (National Interest Waiver). Our firm does employ a variety of different approaches to balance out a low citation number.

    Vital aspects of the NIW (National Interest Waiver) petition are letters of recommendation.

    Letters of Recommendation with the most impact are those that originate from independent sources.

    These sources would include professionals that have never advised or collaborated with you, or have never studied or worked with you in any.

     

    When selecting sources for letters of recommendation, remember that the independent professionals will have a much greater impact with the USCIS than letters from dependent sources.

     

    The letters should describe, in easily understood terms, any research achievements attained by you and their relevance in your field of work, and should also contain a direct quote from the source describing the impact of your work on the United States.

     

    The letters may also be used to describe the process of implementing your work. One potential benefit for your case would be a letter from a source that has actually used your work in some way and can describe this process.

     

    Our firm will draft the letters of recommendation and then advise you on source selection and the appropriate number of letters that should be submitted.

    We analyze all of the letters being drafted in order to implement a proven strategy to include the necessary information that will substantiate the claims made in the case.

     

    We do not utilize generic templates when drafting the letters. Our policy is to customize the letters to the individual strategies for the case in point.

    Using citations to feature instances where your work has been utilized and applied will greatly exhibit the level of influence you have on your relative field.

    Other evidence may also be used to demonstrate the level of influence including contracts, articles, letters of recommendation, and patents commercialization.

    Documenting evidence should be included that will feature every instance of implementation of your work.

    In summation, it is important to present a variety of evidence that will demonstrate the alien’s qualifications for a National Interest Waiver. A simple list of achievements will not satisfy the requirements for the NIW.

    A proven approach for obtaining the NIW involves the submission of all parts of the process, including the petition, a variety of supporting evidence, and the letters of recommendation. 

    Our goal at Aria Law Group is to obtain the National Interest Waiver for all clients by ensuring that all requirements listed in the three-factor test are met.

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