National Interest Waiver

We take pride in providing expert legal services, and one of our key areas of expertise is the National Interest Waiver (NIW) for immigrants. The NIW is a special category of employment-based immigration that allows eligible foreign nationals to bypass the labor certification process, which is typically required for obtaining an employment-based green card. As a team of experienced immigration attorneys, we are well-equipped to assist our clients in navigating the complex NIW process, and we offer comprehensive legal services to ensure the best possible outcomes.

Key Highlights of Our NIW Legal Services:

1. In-depth Evaluation of Eligibility: Our skilled attorneys conduct a thorough evaluation of our clients’ qualifications to determine their eligibility for the NIW. We carefully review their education, work experience, skills, and achievements to assess whether they meet the stringent criteria for the NIW, which includes demonstrating that their work is of national interest to the United States.
2. Strategic Case Preparation: We understand the importance of meticulous case preparation in the NIW process. Our attorneys work closely with our clients to gather all necessary documentation, such as letters of recommendation, evidence of achievements, and supporting documents, and prepare a compelling case that highlights their unique qualifications and contributions to the national interest of the United States.
3. Legal Expertise in Presenting Evidence: Presenting compelling evidence is crucial to the success of an NIW petition. Our experienced attorneys have a deep understanding of the legal requirements and standards for NIW cases, and we utilize our expertise to ensure that our clients’ evidence is presented in the most effective manner possible. We carefully craft legal arguments that support our clients’ eligibility for the NIW and address any potential issues or challenges.
4. Prompt Response to Requests for Evidence (RFEs): If an NIW petition receives a Request for Evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS), it requires swift and strategic action. Our attorneys are experienced in handling RFEs and work diligently to respond to them within the strict deadlines, addressing any concerns raised by the USCIS and strengthening our clients’ case.

Requirements

For a National Interest Waiver (NIW) petition are as follows:

1. Professional Qualifications: The applicant must possess advanced degrees (such as a master’s or doctorate) or have exceptional ability in their field, demonstrated by extensive documentation of their education, work experience, and achievements.
2. National Interest: The applicant must demonstrate that their work is of substantial intrinsic merit and has a national scope, meaning it has a broad impact on the United States beyond a local or regional level. The applicant must also show that the national interest would be adversely affected if a labor certification were required.
3. Evidence of Impact: The applicant must provide strong evidence of their past achievements, publications, citations, patents, awards, and other relevant contributions in their field to demonstrate their exceptional ability and the impact of their work.
4. Waiver of Labor Certification: The applicant must request a waiver of the labor certification process, which typically involves obtaining a job offer and proving that there are no qualified U.S. workers available for the position. The NIW allows the applicant to bypass this requirement.
5. Benefit to the United States: The applicant must establish that their work is in the national interest of the United States and that granting the NIW would benefit the country as a whole, such as through economic, scientific, technological, or cultural contributions.
6. Ability to Continue Work: The applicant must demonstrate that they have the ability to continue working in their field of expertise in the United States, either by showing current employment or by providing evidence of job prospects, funding, or other means of support.