• What is NIW?

NIW, National Interest Waiver, is a type of employment-based immigration petition. As long as the petitioners show that they will “substantially benefit prospectively the national economy, culture or educational interest, or welfare” of the US, they can get green card without a sponsor or a labor certificate.

  • Why is NIW a good choice for me?

Comparing with other types of immigration petition, NIW is an easier choice. Since there is no investment or employment requirement, the risk of NIW petition is obviously lower. If the NIW petition gets denied, the petitioner technically did not lose anything. On the other hand, the standard of review of NIW is flexible and vague. People who work in all kinds of industries can benefit the US national interest. Therefore, it seems like almost everyone can try to file a NIW petition. If your attorney can choose the right strategy and prepare a well-polished petition packet, your value to the US nation is easy to be demonstrated.

  • Is NIW harder to get approval because of its vague standard?

Although the standard is vague and flexible, it provides a great opportunity for outstanding immigration attorneys to play an active role in the petition. Because neither Congress nor USCIS gave definitions to the key terms in the standard, it precisely gives attorneys an extensive room to bring their subjective initiative into play, which will significantly increase the chance of getting an approval decision from the USCIS. It is more beneficial for petitioners to hire attorneys who have rich knowledge and experiences on immigration law, especially, NIW petitions.

  • What is the difference between NIW and EB-1A?

EB-1A falls into EB-1 category while NIW falls into EB-2 category. Generally, EB-2 has a lower requirement than EB-1. In particular, EB-1A requires the petitioner to be “outstanding”, however, NIW requires the petitioner to benefit the US national interest. You can demonstrate, for example, how you will be beneficial for the US national interest, instead of proving how “outstanding” you actually are.

  • Is an attorney required in NIW petitions?

An attorney is not required in NIW petitions, but strongly recommended. As the reasons stated above, you need some professionals with rich knowledge and experiences to assist you with your petition. The petition letter and petition strategy of NIW are crucial. The success depends greatly on the quality and strength of the petition letter, as well as the emphasis of each recommendation letter. Therefore, it would be the best to work with a professional immigration team to prepare your application.

  • Why Law Office of Hong-min Jun?

As an experienced immigration attorney, Attorney Jun has a similar background with most of the international students. He knows better about what NIW clients need and therefore he can choose the best application strategy for you. His team provides English, Korean, Chinese and Spanish services. So that we can communicate with clients smoothly and accurately. Moreover, Attorney Jun has been focusing on NIW petitions recent years. Among his NIW clients, some of them are not the top in their class, some of them did not have awards, some of them did not publish articles in high rank journals, some of them have no citations, however, they all got NIW approval letter. If you think you might be qualified for NIW petition, feel free to contact us! We will evaluate your qualification from a professional prospective.