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刘博士专栏
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 mostly irrelevant to the merit of
an NIW petition. No matter how important your work is, you must prove
that your specific prior 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. Professional 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 helpful,
they are not required. The vast majority of successful NIW petitions
are submitted without the endorsement from government agencies.
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 and heavier.
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: I heard that only a small percentage of NIW petitions were
actually approved by the USCIS, and the majority of NIW cases were
denied.
Truth: USCIS has not disclosed the overall approval/denial ratio for
NIW cases. But the vast majority of NIW cases filed through our firm
were approved. In fact, our office had a perfect NIW approval rate
(100%) in 2007. In the first quarter of 2008, due to the recent harsh
adjudications by the USCIS, we had 2 NIW cases denied based on the
merit of the case, which dragged our firm's overall approval rate in
the first quarter of 2008 down to 96%.
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 mostly irrelevant to the merit of
an NIW petition. No matter how important your work is, you must prove
that your specific prior 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. Professional 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 helpful,
they are not required. The vast majority of successful NIW petitions
are submitted without the endorsement from government agencies.
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 and heavier.
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: I heard that only a small percentage of NIW petitions were
actually approved by the USCIS, and the majority of NIW cases were
denied.
Truth: USCIS has not disclosed the overall approval/denial ratio for
NIW cases. But the vast majority of NIW cases filed through our firm
were approved. In fact, our office had a perfect NIW approval rate
(100%) in 2007. In the first quarter of 2008, due to the recent harsh
adjudications by the USCIS, we had 2 NIW cases denied based on the
merit of the case, which dragged our firm's overall approval rate in
the first quarter of 2008 down to 96%.