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刘博士专栏
Myth vs Truth about National Interest Waiver
Myth: Only scientific researchers are eligible to file National Interest Waiver
(NIW).
Truth: NIW is a special classification in second employment-based category (Eb-
2). This classification is available to individuals of exceptional ability or
persons with advanced degree (M.A., M.S., M.E., M.D., J.D. or Ph.D.) in SCIENCE,
ARTS, and BUSINESS. Although the vast majority of NIW approvals are given to
scientific researchers, a substantial number of NIW approvals also go to
artists, writers, entrepreneurs, athletes, musicians, performers, educators, and
even chefs.
Myth: If I work in a field such as medical research, military technology or
energy research, my NIW petition can be easily approved.
Truth: The area of your research is almost irrelevant to the merit of an NIW
petition. No matter how important your work is, you must prove that your
specific achievements justify the projection that your future contribution to
the U.S. national interest is substantially higher than that of your peers.
Myth: Approval of NIW petition totally relies on luck because some weak cases
were approved while strong cases were denied.
Truth: While some USICS adjudicators have discretion on NIW cases and from time
to time make erroneous decisions, approvals of NIW in general do not rely on
luck. Good presentation of a case after meeting the basic requirements is
crucial.
Myth: I cannot file NIW petition because I am not able to obtain letters of
recommendation from government agencies.
Truth: While supporting letters from government agencies are important, they
are not required. The vast majority of successful NIW petitions are submitted
without the endorsement from government agencies.
Myth: If a senator or congressman writes a letter in my behalf, my case will be
approved.
Truth: While a letter from senator or congressman may be helpful, the extent of
helpfulness is limited in NIW petition.
Myth: Regarding the number of letters of recommendation, the more the better.
Truth: The quality of letters of recommendation is more important than the
quantity. Excessive documentation with large number of letters repeating the
same language does not help a case.
Myth: I am not qualified to file NIW because my publications have not cited by
other researchers.
Truth: Many researchers whose publications received no or moderate citations
have been granted NIW. Citation is one of the factors to be considered in NIW
adjudication, but not the only factor that impacts the outcome of an NIW case.
Myth: I work in an area that closely relates to the US national interest, so my
NIW petition will be approved.
Truth: What really matters in NIW petition is to prove your past achievements
justify the projection that you will contribute to the U.S. national interest at
a substantially higher degree than a U.S. worker with comparable education and
experience.
Myth: If my NIW petition is denied, I cannot file it again in the future.
Truth: Denial of NIW petition is “non-prejudicial”, which means, among other
things, that it will not bar the petitioner from filing a new petition in the
same classification.
Myth: I’d better enclose as many documents as possible to make the NIW petition
package thicker.
Truth: There is a thin but crucial line between proper documentation and
excessive documentation. One of the disadvantages of the latter is that the real
shining points of your case may be buried in the bulk of irrelevant or little
relevant documents.
Myth: USCIS will approve my NIW petition if I can prove that researchers with my
expertise cannot be found in the US.
Truth: The law is crystal clear that NIW cannot be granted based on labor
shortage. If there is a labor shortage in your field, you will be asked to take
the labor certification route.
Myth: My advisor or supervisor must write a letter of recommendation to support
my NIW petition.
Truth: While a letter signed by your advisor or supervisor may be helpful, it
is not required. Many successfully NIW petitions were not endorsed by the
petitioner’s advisor or supervisor.
Myth: My NIW petition will be approved if I can show that my H-1B will reach the
six year limit and my departure from the US will be a loss to my ongoing project.
Truth: While this argument does not hurt, it is unlike to help either. NIW
cannot be granted based on the imminent expiration of your non-immigrant status.
Again what really matters in NIW petition is that your past achievements justify
the projection that you will contribute to the national interest at a
substantially higher degree than a US worker with the same minimum
qualifications.
Myth vs Truth about National Interest Waiver
Myth: Only scientific researchers are eligible to file National Interest Waiver
(NIW).
Truth: NIW is a special classification in second employment-based category (Eb-
2). This classification is available to individuals of exceptional ability or
persons with advanced degree (M.A., M.S., M.E., M.D., J.D. or Ph.D.) in SCIENCE,
ARTS, and BUSINESS. Although the vast majority of NIW approvals are given to
scientific researchers, a substantial number of NIW approvals also go to
artists, writers, entrepreneurs, athletes, musicians, performers, educators, and
even chefs.
Myth: If I work in a field such as medical research, military technology or
energy research, my NIW petition can be easily approved.
Truth: The area of your research is almost irrelevant to the merit of an NIW
petition. No matter how important your work is, you must prove that your
specific achievements justify the projection that your future contribution to
the U.S. national interest is substantially higher than that of your peers.
Myth: Approval of NIW petition totally relies on luck because some weak cases
were approved while strong cases were denied.
Truth: While some USICS adjudicators have discretion on NIW cases and from time
to time make erroneous decisions, approvals of NIW in general do not rely on
luck. Good presentation of a case after meeting the basic requirements is
crucial.
Myth: I cannot file NIW petition because I am not able to obtain letters of
recommendation from government agencies.
Truth: While supporting letters from government agencies are important, they
are not required. The vast majority of successful NIW petitions are submitted
without the endorsement from government agencies.
Myth: If a senator or congressman writes a letter in my behalf, my case will be
approved.
Truth: While a letter from senator or congressman may be helpful, the extent of
helpfulness is limited in NIW petition.
Myth: Regarding the number of letters of recommendation, the more the better.
Truth: The quality of letters of recommendation is more important than the
quantity. Excessive documentation with large number of letters repeating the
same language does not help a case.
Myth: I am not qualified to file NIW because my publications have not cited by
other researchers.
Truth: Many researchers whose publications received no or moderate citations
have been granted NIW. Citation is one of the factors to be considered in NIW
adjudication, but not the only factor that impacts the outcome of an NIW case.
Myth: I work in an area that closely relates to the US national interest, so my
NIW petition will be approved.
Truth: What really matters in NIW petition is to prove your past achievements
justify the projection that you will contribute to the U.S. national interest at
a substantially higher degree than a U.S. worker with comparable education and
experience.
Myth: If my NIW petition is denied, I cannot file it again in the future.
Truth: Denial of NIW petition is “non-prejudicial”, which means, among other
things, that it will not bar the petitioner from filing a new petition in the
same classification.
Myth: I’d better enclose as many documents as possible to make the NIW petition
package thicker.
Truth: There is a thin but crucial line between proper documentation and
excessive documentation. One of the disadvantages of the latter is that the real
shining points of your case may be buried in the bulk of irrelevant or little
relevant documents.
Myth: USCIS will approve my NIW petition if I can prove that researchers with my
expertise cannot be found in the US.
Truth: The law is crystal clear that NIW cannot be granted based on labor
shortage. If there is a labor shortage in your field, you will be asked to take
the labor certification route.
Myth: My advisor or supervisor must write a letter of recommendation to support
my NIW petition.
Truth: While a letter signed by your advisor or supervisor may be helpful, it
is not required. Many successfully NIW petitions were not endorsed by the
petitioner’s advisor or supervisor.
Myth: My NIW petition will be approved if I can show that my H-1B will reach the
six year limit and my departure from the US will be a loss to my ongoing project.
Truth: While this argument does not hurt, it is unlike to help either. NIW
cannot be granted based on the imminent expiration of your non-immigrant status.
Again what really matters in NIW petition is that your past achievements justify
the projection that you will contribute to the national interest at a
substantially higher degree than a US worker with the same minimum
qualifications.