Requirements for National Interest (NIW) Waiver Petition- EB2

Table of Contents
    Add a header to begin generating the table of contents

    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:

    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).

    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.

    Scroll to Top