NIW (National Interest Waiver) Supporting Materials/Evidence
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The following is a list of documentation that is usually included with our EB-2 NIW (National Interest Waiver) petitions. This list is not extensive, and is only meant to give a general indication of the kinds of evidence that can support an NIW case. Not all of the evidence is required for every NIW petition, and the value of the evidence will determine if it will be included.
Letters of Recommendation: A vital part of the NIW (National Interest Waiver) petition are letters of recommendation. Independent letters (those who have never partnered with you, worked or studied with you, or guided your work) will have more influence with the USCIS than letters from dependent supporters. These points should be considered when selecting supporters. Letters of recommendation should detail, in easy to understand terms, your research contributions and their importance, and also refer directly to the benefits of your work for the United States. These letters may also describe the implementation of the petitioner’s work. A letter of recommendation from a supporter who has utilized your work, along with a detailed explanation of how this was accomplished, can bolster your case. Our firm drafts all of the recommendation letters for you as part of our services. We will counsel you on the appropriate supporters and on the number of letters that should be created for your case. We utilize a clear approach when creating the recommendation letters to guarantee that the letters contain all of the required information to validate the claims we made in the petition, and to thoroughly describe your work. Finally, we never utilize templates to create the letters. Instead, we customize each letter each letter to fit your individual strategy and needs. Click here to see more about NIW recommendation letters and our letter writing services.
Evidence of influence: It is vital to emphasize any instances of the application or implementation of your work in order to explain the degree of influence you have had on your field. Citations are one of the best ways to demonstrate this, but other documentation can be used including contracts, article downloads, letters of recommendation, and patents commercialization. The petition should emphasize as many illustrations of implementation as possible as well as provide documented evidence to support each illustration.
Objective Evidence: Objective evidence of the non-resident’s contributions should be included in order to establish the non-resident’s record of achievement in the relevant field of work. Objective evidence takes many forms and serves as actual proof of the non-resident’s influence and accomplishments.
Publications u0026amp; Citation Records: (includes books, book chapters, and journal articles) In order to establish a record of scientific accomplishment, a complete publication record should be a part of the petition. Publication alone does not establish the non-resident’s impact on the field. A citation record should accompany the publication record to establish the impact of the non-resident’s work on the field, and demonstrate that the work is being applied by other researchers in the field. In addition, average citation records and journal impact aspects for the field can be used to show that the non-resident has a much higher level of influence than an average researcher in the field. There is not a specific number of citations that will guarantee NIW (National Interest Waiver) approval, but there are many ways to compensate for a low number of citation records.
Conference Presentations and Proceedings: Conference presentations and proceedings illustrate a past level of accomplishment and influence of your work on your field.
Examples: Some examples include participation in conferences that require a distinguished reputation or exceptional accomplishment, published abstracts in conference reports, or invited speaking engagements from prestigious organizations such as IEEE.
Awards: The USCIS does not consider all awards to be prestigious enough to demonstrate a higher standing in the field, but if the award is selective enough, it can establish recognition of your work and reputation in the field. Documentation of awards should be supplemented by what the judging criteria were, who judged the award, how many winners there were, and statistics indicating how many people were considered for the award. If the award was highly selective and was given based on exceptional accomplishment in the field, it can be used to differentiate you from your colleagues and prove that you have risen to a higher level than the average workers in your field.
Examples:
-Awards open to your entire field, the entire U.S. or the world. There should be no limitations such as a particular institution or a designation only for students. For example, The USCIS generally does not consider “Best Student Paper” awards or travel grant awards as being prestigious.
-Best journal paper awards, best conference paper awards, or other awards demonstrating accomplishment above others in the field
Media Coverage: Media coverage can demonstrate the impact of the non-resident’s work in the field. Prominent news outlets reach many people, so the likelihood is greater that the USCIS will identify the coverage as an indicator of significance and impact of the non-resident’s work
Examples: Major publications or trade journals, Science News Daily, any major news outlet (USA Today, New York Times, CNN, etc.)
Funding or grants (especially U.S. government funding): Evidence of funding can be used to validate the importance of your work. If you have received U.S. government funding, this can be used not only to prove that your work is of considerable intrinsic value, but also to show recognition as being in the national interest. Larger funding amounts are more influential.
Examples: U.S. government funding (Department of Energy, NASA, U.S. Army or Military, National Institute of Health, etc.)
Memberships: Memberships that require exceptional accomplishment (above the average worker in your field) will serve as proof that you have distinguished yourself from your colleagues. The USCIS does not consider memberships that only require payment of a fee to join as being significant.
Judge of the Work of Others: Evidence of editorial positions, peer review, or occurrences of judging colleagues work can illustrate high standing and expertise in your field. In order to distinguish you from your colleagues, the evidence should be supplemented by a description of the selection process and importance of the position.
Examples: Peer reviewer for a scholarly publication (Note: Invitations alone are not sufficient proof, proof is needed that you completed the reviews), editorial board member of a scholarly journal, conference chair, Associate Editor of a Scholarly Journal, conference chair, judging an award for excellence in your field, judging an artistic competition or exhibition.
Evidence of Commercial Success: Sales figures and revenues provide proof of commercial success of your work if your field is the performing arts.
Evidence of High Salary: High salary can differentiate you from your colleagues. Evidence should include W-2 tax returns or pay stubs showing salary, a letter from your employer, and corroborating evidence to show that your salary is above average for your field.
Evidence of requests for your work: Evidence of requests for your work will show the impact on your field. Evidence could include high numbers of article downloads, requests for collaboration, e-mail requests for your work, etc.
In sum, a plethora of proof should be used to demonstrate how the non-resident qualifies for a (NIW) National Interest Waiver. A list of accomplishments is not sufficient proof. A holistic approach must be taken to ensure that, together, supporting evidence, the petition, and letters of recommendation will prove that the non-resident is qualified for a NIW (National Interest Waiver). By keeping the requirements for the three-factor test in mind during case preparation, our firm can ensure our goal that the petition will address all of the necessary requirements.