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National Interest Waiver2019-09-05T21:07:07+00:00

SELF – PETITION! – You Do NOT Need Sponsoring Employer!!!

If you are holding a Master Degree or higher and consider yourself to be contributory to the development of U.S national interest by virtue of your expertise and can prove it, you may petition yourself for Lawful Permanent Resident on your own!

SELF – PETITION! – You Do NOT Need Sponsoring Employer!!

Unlike other Employment-Based Immigration in other preference categories (Except for EB1) which requires a specific, permanent job offer and a corresponding approved labor certification, National Interest Waiver does not require sponsoring employer for your Green Card application.

Under the “National Interest Waiver” (NIW) provision for EB-2, an individual may seek a waiver of the otherwise required offer of employment –and thus corresponding labor certification- by establishing that his/her admission to permanent residency would be in the so-called “national interest”. As a result, this means that potential beneficiaries can petition on their own behalf

CHANGE OF FRAME WORK OF NIW

NYSDOT VS. matter of DAHNASAR (2016)

Under the old rule of NYSDOT, in order to be qualified for NIW, you much prove that

1) you are superior to Norm;

2) your Benefit must be in National Scope; and

3) your study must be intrinsic merit.

But, now the rules are changed.

 “Accordingly, our decision in NYSDOT is ripe for revision. Today, we vacate NYSDOT and adopt a new framework for adjusting national interest waiver petitions, one that will provide greater clarity, apply more flexible to circumstance of both petitioning employers and self-petitioning individuals, and better advance the purpose of the broad discretionary waiver provision to benefit the United States.” Matter of Dhanasar, 261 & D 884 (AA), Dec. 2016

NEW FRAME WORK under the matter of Dhanasar

USCIS may grant a NIW if the Petitioner demonstrates by a preponderance of evidence

  • (1) That the f/n’s proposed endeavor has both substantial merit and national importance;
  • (2) that the f/n is well positioned to advance the proposed endeavor;
  • (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

If these three elements are satisfied, USCIs may approve the national interest waiver as a matter of discretion.

As broader becomes the adjudicating officer’s discretion in adjudicating NIW cases, the greater roles play the representing skills and knowledge of attorney’s in successfully representing clients for NIW cases.   Since adjudicating officers can now evaluate every case presented before them under the totality of factors and evidence produced in the applications, it is more important than ever for lawyer to present the case in the way they want to see in successful cases.

How do we represent NIW cases?

Our experienced NIW attorney presented the case in the way the USCIS adjudicating officers expect to see in successful cases. Our attorney’s role is to organize and present the facts and evidence in a manner that best supports a winning argument for your possibility to benefit National Interest of the United States!!. You know best about yourself, and we know how best present you before the USCIS. We fully understand their strategic logic in adjudication process, we know exactly what they want to see in our application packet for favorable adjudication.

NIW attorney and Patent attorney

Patent is privilege which give you exclusive benefit for certain period of time by virtue of your work based on originality, innovation, and novelty. Similarly, National Interest Waiver is granted to those who has been proven to possess expertise in their field. No matter how good attributes you have on loose, if you cannot prove the value of each attribute and tie them in a string to make it look in a way it is supposed to do for successful turn-out, they are just out there without carrying no value for you. Our attorneys “tie your values on loose in a sting” for you and successfully navigate through the complex process of you National Interest Waiver application.

What document we need to prepare for your case?

Curriculum Vieta (CV)

Explanation on what distinguishes yourself from others in your field

  • Ranking of Journal where your articles are published
  • Citation Index
  • Patent Registration
  • Awards
  • Media coverage
  • Monetary success including high salary
  • Reputation

Recommendation Letters

Successful recommendation letters should contain detailed information discussing your research contributions and their significances. Also, it should mention on why he/she think it would be beneficial for the U.S to grant him/her Permanent Residency. Thus, it should be written by the experts in the same field with yours who knows you well as a professional worker. Independent experts rather than your internal co-workers are always in better position in terms of writing recommendation letters which convince USCIS more of your expertise.

How does it look like?

All recommendation letters should be printed on the letterhead of the organization where your recommender is employed. It should contain followings;

  1. The recommender’s Name;
  2. The recommender’s title, position and name of institute
  3. The recommender’s professional relationship to the applicant (duration of time when the professional relationship last, name of project from which the professional relationship established, and the applicant’s specific contributions the recommender evaluates valuable, etc.)

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