Proposed endeavors

1. You need to submit detailed description of your proposed undertaking or venture.
2. You must submit evidence to establish that your proposed endeavor has substantial merit.
3. Standards
   1. Not importance of the industry or profession in which the individual will work, but the specific endeavor that the applicant proposes to undertake.
   2.  Evidence
      1. The evidence must demonstrate the endeavor’s potential prospective impact such as:
         1. Has national or even global implications within a particular field
         2. Has significant potential to employ US workers or has other substantial positive economic effects, particularly in an economically depressed area.
         3. Will broadly enhance societal welfare or cultural or artistic enrichment; and,
         4. Impacts a matter that a government entity has described as having national importance or is the subject of national initiatives.

 

Applicant; well positioned to advance the proposed endeavors

1. Evidence that the applicant is well positioned to advance the proposed endeavors will document the applicant’s qualifications (skills, experience and track record), support (financial and otherwise) and commitment (plans and progress) to drive the endeavor forward and will support projections of future work in the proposed endeavor.
2. Evidences
   1. To show the applicant’s education, skills, knowledge, and record of success in related or similar efforts, the applicant may submit;
      1. Degree, certificate or license in the filed
      2. Patents, trademarks, or copyrights owned by the applicant
      3. Letters from experts in the applicant’s field, describing the applicant’s past achievement and providing specific examples of how the applicant is well positioned to advance his or her endeavor.  Testimonial letters should include information about the expert’s own credentials, such as curriculum vitae
      4. Published articles and /or media reports about the applicant’s achievements or current work
      5. Documentation demonstrating a strong citation history
      6. Evidence that the applicant’s work has influence his or her field of endeavor
      7. Evidence demonstrating the beneficiary has a leading, critical or indispensable role in the endeavor or similar endeavors; and
      8. Evidence showing that the applicant’s past inventions or innovations have been used or licensed by others in the field.
   2. A model or plan for future activities
      1. To show a model or plan for future activities, the applicant may submit:
         1. A plan describing how the beneficiary intends to continue his or her work in the US
         2. A detailed business model, when applicable
         3. Correspondence from prospective/potential employers, clients or customers and
         4. Documentation reflecting feasible plans for financial support
   3. Any progress toward achieving the proposed endeavor
      1. To show progress towards achieving the proposed endeavor, an applicant may submit:
         1. Evidence of grants the applicant has received listing the amount and terms of the grants, as well as grantees;
         2. Copies of contracts, agreements, or licenses resulting from the proposed endeavor or otherwise demonstrating the applicant is well positioned to advance the proposed endeavor;
         3. Evidence of achievement that the applicant intends to build upon or further develop (including the types of documentation listed under the applicant’s education, skills, knowledge, and record of success in related or similar efforts) and
         4. Evidence demonstrating the applicant has a leading, critical or indispensable role in the endeavor
      2. The interest of potential customers, users, investors, or other relevant entities or individuals; the applicant may submit;
         1. Letters from a government entity demonstrating its interest in the proposed endeavor;
         2. Evidence that the applicant has received investment from US investors such as venture capital firms, angel investors, or start-up accelerators, in amounts that are appropriate to the relevant endeavor;
         3. Evidence that the applicant has received awards, grants, or other indications of relevant non-monetary support from Federal, state, or local government entities with authority over the field of endeavor;
         4. Evidence demonstrating how the applicant’s works is being used by others
            1. Contract with companies using products, projects, or services that the applicant developed or assisted in developing;
            2. Documents showing licensed technology or other procedural or technological advancements developed in whole or in part by the beneficiary and relied upon by others; and
            3. Patents or licenses awarded to the applicant with documentation showing why the particular patent or license is significant in the field.

 

On balance, it would be beneficial to the US to waive the requirements of a job offer and thus of a labor certificate.

1. 1. Whether, in light of the nature of the applicant’s qualifications or proposed endeavor, it would be impractical either for the applicant to secure a job offer or for the petitioner to obtain a labor certificate
   2. Whether, even assuming that other qualified US workers are available, the US would still benefit from the applicant’s contributions
   3. Whether the national interest in the applicant’s contributions is sufficiently urgent to warrant foregoing the labor certification process
   4. Whether the applicant’s endeavor may lead to potential creation of jobs; and
   5. Whether the applicant is self-employed in a manner that generally does not adversely affect US workers.

 

RECOMMENDATION LETTER

“Recommendation Letter (Expert Opinion testimony does not necessarily purport to be evidence as to “fact”.   Matter of V-K-, 24 I&N Dec. 500, n.2 (BIA 2008)

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.

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
5. Distinguishing the applicant from his/her peers in terms of achievements,

apability 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.
3. 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.