National Interest Wavier (NIW)

[Audio] Welcome to Green Card for PhD. Before we begin a quick disclaimer: The content of this presentation is solely for information purpose and not meant to be a legal advice. With the disclaimer out of the way, let start the topic of the video. In this video we will discuss more details on EB2-NIW. EB2-NIW refers to the national interest wavier ( NIW) classification of the second preference employment ( EB2) based immigration category. Among the five employment-based categories, EB2 is reserved for member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Sub-categories or classifications in the EB2 preference are 1) Advanced degree professional, 2) Professional with Exceptional Ability and 3) Professional whose qualifies under National Interest Waiver. The first two classifications, without NIW claim, generally require employer sponsorship. However, if you claim NIW then no sponsorship is needed. This is very popular among postdocs or PhD holders and many PhDs apply in this category to take advantage of the self-petition process. Similar to EB1A, the applicant is not required to be in the USA at the time of application. In general, there is no statute that defines national interest wavier. However, USCIS requires the applicant satisfy either the exceptional ability criteria or advanced degree criteria in combination to showing that their work is in the US national interest. Exceptional ability should not be confused with EB1A extraordinary ability. Exceptional ability "means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business". While not explicitly mentioned, for most common cases, USCIS expects EB2-NIW applicants to meet "Exceptional ability" requirements. However, depending on circumstances advanced degree criteria can also be applied in combination with NIW..

[Audio] Some examples of advanced degrees are bachelor's or Master's degree in US with significant experience, PhD or BS+5 years from foreign country. To meet this criteria you would provide documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty. While this category appears easier, most applicants choose to use the second sub-category, because USCIS explicitly states that "national interest waivers are usually granted to those who have exceptional ability". Further USCIS does not explicitly mention that a permanent job offer is not required for this combination (advanced degree plus NIW). Therefore, we normally suggest applicants to use the requirements of second sub-category that is exceptional ability category. We have seen some approvals for advanced degree cases without permanent job offer when the national interest case is very strong..

[Audio] In order to show exceptional ability, you must meet three of the following regulatory seven criteria. Here we simply read out the criteria listed from USCIS EB2 exceptional ability. ( 1) Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability. -- ( 2) Letters documenting at least 10 years of full-time experience in your occupation ( 3) A license to practice your profession or certification for your profession or occupation ( 4) Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability ( 5) Membership in a professional association(s). (6) Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations. Examples here can be your inventions patents, publications etc. ( 7) In addition to the first 6 criteria USCIS has the seventh that states: "Other comparable evidence of eligibility is also acceptable." This statement allows room for other compelling evidence that may be considered as evidence for exceptional ability. – This is a criteria which is useful when you think you have evidence that is exceptional and not part of the first 6 items. One examples can you have started a company in national defense space that has notable clients, you have started a company that has results in lot of jobs etc..

[Audio] USCIS does not have a complete definition of what National Interest Wavier is. This is generally left vague on purpose because the term National Interest is meant to be very broad and capture wide range of scenarios. As we mentioned earlier, you need to satisfy with the EB2-Advanced degree professional or EB2-Exceptional ability criteria and on top of this you need to be working on a National Interest Endeavor. USCIS expects that your work or proposed work has both substantial merit and national importance. What this means is the work you are doing or proposing to do is meaningful to several other and it benefits the United States as a whole, that is the entire nation and not just some region or state. The other condition USCIS looks at is you are well positioned to advance the proposed endeavor. This is generally substantiated by your background that you demonstrate through EB2-Advanced degree criteria or the EB2-Exceptional ability criteria. If these criteria are met that then you can argue that on balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification..

[Audio] This is a common question that is often asked. "What are my chances in EB2- NIW?" It is our opinion that most PhD's and advanced degree professionals are their own best judges. We suggest you follow the following set of questions to decide if EB2-NIW is a good category for you to apply. More importantly we suggest you visit our website which shows some examples of successful cases. Look at backgrounds of approved EB2-NIW cases. Below is an approach we suggest to determine your chances of success. Understand the EB2-NIW criteria. You would in general need to satisfy EB2 exceptional ability (different from extraordinary ability) and show that your work is in US national interest. Look at backgrounds of some approved NIW cases. In some rare cases that have a very strong support for national interest, USCIS has in the past approved NIW to applicants satisfying EB2 advanced degree. Next step is to make a list of all your accomplishments, awards etc. From this list you will try to compare with EB2 criteria to see if you have evidence to satisfy at least three of EB2 exceptional ability requirements? If you choose to meet the EB2-Advanced degree then you would need a highly compelling engagement in national interest. Next you would try to answer national interest questions: Is there substantial intrinsic merit to your work and is it in the US national interest? Is the benefit from your work national in scope not regional or state? If you have answered yes to 3, 4, and 5 you are likely to be successful..

[Audio] If you are just learning about the I140 application process, then you probably have several other questions: What is a self-petition? What category do I choose EB1A or NIW? What is the exact process I need to follow to apply for one of these applications? We'll answer these questions and many others in our rest of the videos. Please remember to like this video, subscribe, and watch our other videos. Green card for PhD is a small team of professionals who have obtained their green cards via the process detailed in our videos and the DIY packets. Our DIY packets contain examples of successful applicants. Please visit our website to know more about the DIY packets..