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The National Interest Waiver(NIW visa and NIW Laywer): An Overview
"NIW" stands for "National Interest Waiver," which is a type of visa that permits certain migrants to seek a waiver of the requirement to have a job offer to get a green card (permanent residence) in the United States.
To be eligible for an NIW, the immigrant must prove that their work in a particular field would significantly benefit the United States, and that giving them a green card would be in the national interest.
To apply for an NIW, the migrant must file a petition with U.S. Citizenship and Immigration Services (USCIS). The appeal must include proof exhibiting the immigrant's extraordinary ability in their field and the national importance of their work.
To be eligible for an NIW, the immigrant must show an "exceptional ability" in their field. This means that they must be one of a small percentage of people who have risen to the peak of their field, either through their own accomplishments or the recognition of their fellow workers.
Just know about National Interest Waiver:
To prove their exceptional ability, the immigrant must provide proof of at least three of the following:
- An official academic record proving that the immigrant has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning related to their field of expertise.
- A letter from an employer or a recognised expert in the migrant field attesting to their extraordinary ability.
- A license to practice their profession or certification for their specific area of expertise.
- Membership in a professional association(s) that requires extraordinary achievements of its peers, as judged by recognised national or international experts in the field.
- Published material in professional or major trade publications or other major media about the migrant's work in their area.
- Proof of the immigrant's participation, either individually or on a panel, as a judge of the work of others in the same or an allied area.
- Proof of the immigrant's original scientific, scholarly, or business-related contributions of major significance in their area.
- Proof of the migrant's authorship of scholarly articles in professional or major trade publications or other major media in their area.
- Proof of the migrant's display of their work at artistic exhibitions or showcases.
- Proof of the migrant's performance in a leading or critical role for organisations or establishments with a distinguished reputation.
In addition to showing exceptional ability, the immigrant must also demostrate that their work in their field would significantly benefit the United States and that giving them a green card would be in the national interest.
This can be proved with evidence of the immigrant's past achievements, the potential for future contributions to their area, and the national or international demand for their expertise.
If the migrant can provide enough evidence to meet these requirements, their appeal for an NIW will be approved and they will be eligible to apply for a green card without needing a job offer.
However, it is essential to note that the NIW process can be complicated and success is not guaranteed. A skilful immigration lawyer can help immigrants understand the requirements and increase their chances of success.
The NIW procedure can be difficult, and success is not guaranteed. It is essential for immigrants seeking an NIW to carefully gather and present the required evidence to support their application.
This may include academic records, letters of recommendation from experts in their areas, published reports or other materials relevant to their work, and other related paperwork.
It is also important to note that the NIW procedure can take a couple of months to a year or more to complete. After the immigrant submits their appeal or petition, it will be assessed by USCIS, which may require additional information or documents. If the appeal is approved, the immigrant will then be able to apply for a green card.
It is strongly recommended that migrants seeking an NIW consult with an experienced immigration attorney to help them prepare their petitions and gather the required evidence to support their application. An immigration attorney can also help immigrants understand the requirements for an NIW and advise them on their chances of success.
Summary:
- The NIW is a type of visa that permits certain immigrants to seek a waiver of the requirement to have a job offer to get a green card (permanent residence) in the United States.
- To be eligible for an NIW, the immigrant must show that they have an "exceptional ability" in their area and that their work in that field would significantly benefit the United States.
- To apply for an NIW, the immigrant must file an appeal with U.S. Citizenship and Immigration Services (USCIS) and provide proof of their extraordinary ability and the national importance of their work.
- It is strongly recommended that immigrants seeking an NIW consult with an experienced immigration attorney to help them prepare their petition and gather the required evidence.
- The NIW process can be difficult and success is not guaranteed. It may take couple of months to a year or more to complete, and it is essential for immigrants to carefully gather and present the required proof to support their application.
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