National Interest Waiver-NIW
Premium NIW service at Aria Law Group. Our immigration attorneys strive to achieve positive results for our clients. If we fail we refund 100% attorney’s fee.
Introduction To NIW Application
We are dedicated to providing the highest quality of service available for your National Interest Waiver case. Unlike the first preference, a petition of second preference for an employment-based immigrant visa requires a specific job offer and labor certification. However, a petitioner may seek a waiver of the employment offer by establishing that admission to permanent residence would be of “national interest “. This means that petitions for the National Interest Waiver (NIW) are more difficult to obtain than petitions for regular EB-2 visa. The correct procedure is to file Form I-140 together with the required evidence to establish that the foreign person’s admission to the United States for permanent residence would be of national interest.
Aria Law Group has developed proven winning strategies for petitions of NIW, which enables us to guarantee approval for the National Interest Waiver (NIW) cases that we file. If physicians agree to work in areas with a shortage of health care professionals for at least five years, then they are entitled to a National Interest Waiver (NIW) if a state or federal agency affirms that the work will be in the best interest of the public.
Remember that a successful national interest argument does not establish eligibility for the second preference classification.
Under the National Interest Waiver (NIW) provision for Employment-based immigrant visa (EB-2), an individual may seek a waiver of the required job offer and related labor certification (PERM) by proving that his/her admission to permanent residency would be in the national interest of the USA. Therefore, the prospective beneficiaries can file a petition on their own behalf. Nevertheless, an NIW petitioner must meet and prove the higher evidentiary standards than a regular EB-2 petition. An NIW petitioner must file the Form I-140 accompanied by supporting evidences to prove that her/his admission to the US for permanent residency would be in the national interest.
As stated by The Immigration Act of 1990, the EB-2 category standards for a national interest waiver are “significantly above that necessary to prove prospective national benefit”.
This is the only reference to “national benefit” in the Immigration Act, so “National Interest” is not clearly defined. Because of this, USCIS is very accommodating when dealing with national interest applications. The petitioner will be required to prove that the job offer waiver exemption will fall into the category of national interest. The cases will be independently considered based on the provided documentation.
Our firm has determined from our extensive files of national interest cases that the U.S. government demands a relatively precise advantage for the region before it determines that a job qualifies to be in the national interest of the country. Instrumental considerations leading to positive decisions in our firm’s cases include:
- The non-resident’s admittance will advance the economy of the U.S.
- The non-resident’s admittance will advance the working conditions and earnings of U.S. workers.
- The non-resident’s admittance will make available more affordable housing for elderly, young, or underprivileged U.S. residents.
- The non-resident’s admittance will improve the U.S. ecosystem by promoting a more beneficial use of national resources.
- The non-resident’s admittance is requested by a concerned entity of the government.
By utilizing these considerations and other distinctions including aspects such as cultural enrichment, Aria Law Group discovered that the USCIS Service Centers had determined national interest in a variety of professions, including: the general manager of a new shopping mall that was believed to be crucial to the economic growth of the local region; a computer programmer that developed a program to locate radioactive waste disposal sites; a paper-recycling business corporate vice-president; and an anthropology professor that provided vital information to U.S. drug agencies concerning the area of Peru responsible for producing cocaine.
In 1998, INS designated its first precedent decision outlining the standards ruling National Interest Waiver (NIW) requests in In re New York State Department of Transportation (NYSDOT). The decision formed narrower standards for NIW eligibility than previous applicable standards. The Administrative Appeal Office (AAO) ruled that three factors must be evaluated when considering a petition for a NIW.
- Area of Substantial Intrinsic Merit
- Proposed Benefit of National Scope
- National Interest of the United States
In the matter of Dhanasar, the USCIS have revisited the analytical framework for assessing eligibility for “national interest waivers”. The decision established that USCIS may now grant a National Interest Waiver if the applicant demonstrates:
- The foreign national’s proposed endeavor have both substantial merit and national importance;
- The foreign national is well positioned to advance the proposed endeavor;
- On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements
EB-2 NIW (National Interest Waiver) Recommendation and Reference Letters
Recommendation letters is also referred to as testimonial, reference, or supporting letters. These letters are vital when petitioning for an EB-2 NIW (National Interest Waiver). Analysis of submitted documentation is the process used by officers to determine eligibility for standard petitions or a labor certification waiver, since the officers usually are not authorities on the relevant field of work. The submitted documentation may include memos, testimony of experts, articles, citations, rewards, media coverage, publications, and reference or recommendation letters.
Because NIW (National Interest Waiver) recommendation letters reflect the recognition of authorities in the relevant field of work as well as the impact of the work, they are considered to be one of the vital pieces of documentation necessary when filing petitions.
We strive to efficiently finish the recommendation letter drafts (6-8 letters) within 10 business days. This enables us to maintain a reputation of having both a quick timeframe as well as an extremely high percentage of approved cases.
We draft Your NIW Recommendation Letters
The attorneys at Aria Law Group/Aria Immigration Law Group recognize the importance of the letters, so they routinely discuss these documents thoroughly with the client in order to assist with the choice of recommendation letters to be submitted with the petition.
Additionally, our attorneys draft between 6 and 8 NIW (National Interest Waiver) recommendation letters for each of our clients as opposed to our competitors which usually charge added fees or provide generic templates to the clients who must then create the letters themselves.
Our attorneys are extremely knowledgeable on USCIS immigration law and requirements, so they are more qualified than the client to draft the necessary NIW (National Interest Waiver) recommendation letters since the client usually has no pre-existing knowledge of the current requirements.
Recommendation Letter Samples
We have provided examples of common recommendation letters associated with EB-2 NIW (National Interest Waiver) applications. The premium NIW service at Aria Law Group includes having our team of attorneys draft up to six recommendation letters which are customized based on your documentation.
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