LPY Law Group

The information provided in the initial evaluation may be different case by case because we do not use a broad brush template to answer every request. Each individual case is unique. But basically our evaluation includes the following information: (1) whether your credentials meet the minimum NIW requirements; (2) whether your case has a reasonable chance to be approved; (3) if, in our best judgment, you are not qualified for NIW, what other options you have to obtain to green card.

Now you know at least something about NIW from our website. If you are somehow wondering whether your credentials qualify you to file an NIW petition, or how good is your chance to get approved, email your resume or curriculum vitae to zliu@niwus.com. Attorney Liu will review your credentials and get back to you with a written evaluation within two work days. The evaluation is free and you are under no obligation to retain us after the evaluation.

No, this is not true. Although a majority of NIW petitioners are researchers in various fields of science, the law does not exclude individuals working in any specific field or profession. In practice, USCIS has granted national interest waiver to engineers, actors, musicians, painters, movie directors, writers, educators, entrepreneurs, and chefs, etc.

The legal standards for NIW adjudication were set by an AAU (The Administrative Appeals Unit) case law In re New York State Dept. of Transportation EAC 96 063 51031, (AAU, Aug. 7, 1998). This case set a three prong test: first, whether petitioner seeks employment in an area of substantial intrinsic merit; second, whether the proposed benefit of petitioner’s work is national in scope; and third, whether the national interest would be adversely affected if a labor certification were required. USCIS rarely denies an NIW case for failing to satisfy the first or second prong, but often raises questions based on the third prong.

It depends. An advanced degree or exceptional ability is only the statutory requirements for NIW eb-2 petition. In addition to meeting the statutory requirements, you also need to prove that granting you permanent residence is in the U.S. national interest.

Compared to regular Eb-2 petitions, NIW has two major advantages: first, a permanent job offer is not required; and second, a labor certification is not required. Accordingly, a qualified alien can file NIW petition on his/her own, and does not have to go through the dubious Labor Certification process.

NIW is available only to employment based second preference immigration petitions (Eb-2). This category requires that the alien beneficiary possess either an advanced degree (Masters Degree or above) OR exceptional ability. Therefore, you are statutorily eligible for NIW petition if you have at least a Master degree or you can establish exceptional ability with convincing evidence.

A majority of employment based immigrations are employer sponsored, which require, among other things, a permanent job offer from U.S. employer. One exception to this general rule is National Interest Waiver. To put it in a simple way, National Interest Waiver allows an alien to apply for green card without permanent job offer from U.S. employer by establishing that granting him/her permanent residence is in the U.S. national interest.