National Interest Waiver

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!

Do you know you can obtain your Green Card by yourself? 

You don’t need any sponsorship for your green card application if you have;

1) master degree or higher in the U.S, Korea, China or somewhere else; and,

2) achievements distinguishing yourself from other peer colleagues in your field.

This is called “National Interest Waiver”.   Since the law has changed in December, 2017 through the US court decision; matter of Dhanasa, more and more people are obtaining their Green Card through this self-petition which opens wider than ever before.  They preferred NIW to EB1 because of the lower caliber of NIW.

We have successfully represented many scholars, post-doctoral researchers, engineers, doctors, even music composers and chefs with outstanding achievements across the country for their Green Card Application through National Interest Waiver for over 15 years.  Now it is your time to consider this for you and your family.  Send us your CV for free evaluation.    AskUs@junlawfirm.com

SELF – PETITION : You Do NOT Need a Sponsoring Employer for your application!

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 Dhanasa (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 Dhanasa, 261 & D 884 (AA), Dec. 2016

NEW FRAME WORK under the matter of Dhanasa

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, greater roles play 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 supporting evidence produced in the applications, it is more important than ever for lawyer to present the case in the way they want to see as in successful cases.

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 to Obtain an NIW Recommendation Letter for your NIW application

Who needs an NIW recommendation letter?

A well-written recommendation letter is one of the foundational pieces of evidence that can support a waiver of the labor certification requirement of an NIW application. While objective evidence states facts about the applicant, a recommendation letter can shine light on the applicant’s skills from a more personal perspective. In fact, multiple recommendation letters may significantly bolster an NIW application. That is why substantial effort should be made to ensure that persuasive and well-written recommendation letters are submitted as evidence.

Where can you get an NIW recommendation letter?

According to the USCIS Policy Guide, recommendation letters should be written by experts in the applicant’s field of study. The person chosen to write the letter must be able to adequately evaluate and reflect on the applicant’s past and future contributions to the field. Finding a recommender who has published significant works or who has a strong national or international reputation is helpful. If necessary to illustrate the expert’s status, the applicant may submit additional evidence supporting the expert’s position in the field.

In addition, letters written by experts who are personally acquainted with the applicant will be more valuable to the USCIS officer reviewing the case. Consider requesting a letter from professors or advisors who have a direct connection to the applicant’s work for a sincere and detailed recommendation letter.

What do you need for a successful recommendation letter?

The essential purpose of a National Interest Waiver is to show that (1) the applicant’s work is of national importance (2) and substantial merit, and (3) that the applicant is in a position to complete the work. A recommendation letter should speak to this purpose by clearly highlighting the reasons why the applicant’s work is important and of merit. To achieve this goal, the recommender should state the reasons for each confidently and give multiple detailed examples to support each point. Using persuasive and descriptive language to explain the examples will also form a better impression on the reader as well. A more detailed and passionate letter will be more convincing to the reader.

What should be in the recommendation letter?

  1. Introduction
  2. About the professional relationship the writer has to the applicant
  3. Description of the applicant’s works
  4. Description  of the applicant’s achievement/contribution

Distinguishing the applicant from his/her peers in terms of achievements, capability or other credentials using such language as “playing a core/critical role in…” , “greatly contributed to the development of…..”, “in an innovative way..” “by having shown leadership in fulfilling the duties” ect..

  1. Opinion about the applicant’s authorship of scholarly articles in the field, published material, presentations, awards, grants, and other achievement.
  2. Opinion about whether, even assuming that other qualified U.S workers are available, the US would still benefit from the foreign national’s contribution.

Additionally, as the recommender likely has a personal connection to the applicant, the recommender can explain more vividly why the applicant is at the top of his or her field. Explaining why the applicant stands out from others in the field will show why the applicant should be granted a waiver. Listing the achievements and awards granted to the applicant from a personal perspective may be persuasive. Also, referring to the future impact of the waiver on the applicant’s research can convince the reader that the applicant’s work has true potential.

Ultimately, anyone who reads the letter should easily understand why the applicant must be granted a waiver to further the national interest of the United States, and further the work that the applicant is attempting to complete. 

What Evidence you need to submit

  1. Regulatory Criteria

The initial evidence must include at least three of the following six types of evidence listed in the regulations:

  • An official academic record showing that the beneficiary has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
  • Evidence in the form of letter(s) from current or former employer(s) showing that the beneficiary has at least 10 years of full-time experience in the occupation in which he or she is being sought;
  • A license to practice the profession or certification for a particular profession or occupation;
  • Evidence that the beneficiary has commanded a salary or other remuneration for services that demonstrates exceptional ability. (To satisfy this criterion, the evidence must show that the beneficiary has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field);
  • Evidence of membership in professional associations; and
  • Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
  1. Comparable evidence

In some cases, evidence relevant to one criterion may be relevant to other criteria.

Additionally, if these types of evidence do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility. This provides petitioners the opportunity to submit comparable evidence to establish the beneficiary’s eligibility if the regulatory standards do not readily apply to the beneficiary’s occupation. When evaluating such comparable evidence, officers consider whether the criteria are readily applicable to the beneficiary’s occupation and, if not, whether the evidence provided is truly comparable to the criteria listed in the regulation.

General assertions that any of the six objective criteria do not readily apply to the beneficiary’s occupation are not acceptable. Similarly, claims that USCIS should accept witness letters as comparable evidence are not persuasive. The petitioner should explain why the evidence it has submitted is comparable.

Objectively meeting the regulatory criteria alone does not establish that the beneficiary in fact meets the requirements for exceptional ability classification. For example, being a member of professional associations alone, regardless of the caliber, should satisfy one of the three required regulatory criteria. However, the beneficiary’s membership should also be evaluated to determine whether it is indicative of the beneficiary having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. However, this secondary evaluation should be conducted as part of the final merits determination.  (Source : www.uscis.gov)

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.

Email us your CV for NIW evaluation askus@junlawfirm.com