Do you understand the true NIW National
Interest exemption?
It is found that most people tend to be enthusiastic about EB1A and ignore another U.S. immigration program, the NIW National
Interest Waiver. In fact, NIW, like EB1A, is an American
immigration program based on applicants' achievements and
talents.
However, NIW national interest exemption has a small shortcoming, its waiting time is hovering around 3-4 years, which may be because of this, so that applicants ignore this project, but because of the two years of the United States immigration projects have been scheduled, resulting in the heat of NIW has rebounded, and more applicants have accepted this point.
As we all know, NIW is called National interest exemption, so what is the exemption? In fact, this is mainly an exemption from the Labour certificate, and the applicant can apply for it by himself without the support of the employer.
However, NIW national interest exemption has a small shortcoming, its waiting time is hovering around 3-4 years, which may be because of this, so that applicants ignore this project, but because of the two years of the United States immigration projects have been scheduled, resulting in the heat of NIW has rebounded, and more applicants have accepted this point.
As we all know, NIW is called National interest exemption, so what is the exemption? In fact, this is mainly an exemption from the Labour certificate, and the applicant can apply for it by himself without the support of the employer.
What conditions do we applicants need to meet to apply for NIW national interest exemption
We can summarize it as a two-step approach
The first step is to prove that the applicant has the prerequisites
Applicants need to meet a prerequisite, that is, Advanced degree,
generally requires the applicant to have a master's degree or
above, if you do not have, then you need to have a bachelor's
degree or above + five years of work experience in the relevant
field.
If you don't have either, can you not apply for NIW? Of course not,
the high degree can be said to be just the stereotype of applying
for NIW national interest exemption. If the applicant's education is
not enough, we can also prove the applicant's Exceptional ability to
make up for it.
Exceptional ability includes six specific conditions, and our
applicants must meet at least three of them, which is a little similar
to the application conditions for EB1A in the United States.
1. Obtained certificates in relevant institutions
2, more than 10 years of full-time work experience
3, there is a relevant occupation in the United States this certificate (it will be a bit difficult, many people have not worked in the United States at the time of application, so it is relatively rare to apply through this)
4. Members of professional associations (different from members of EB1A, do not seek to be a particularly outstanding association member, as long as it is a member of a professional association)
5. Have a high income in your field
6. Excellent talent in professional fields recognized by other experts
At least three conditions can be met to replace the applicant's lack of academic qualifications
1. Obtained certificates in relevant institutions
2, more than 10 years of full-time work experience
3, there is a relevant occupation in the United States this certificate (it will be a bit difficult, many people have not worked in the United States at the time of application, so it is relatively rare to apply through this)
4. Members of professional associations (different from members of EB1A, do not seek to be a particularly outstanding association member, as long as it is a member of a professional association)
5. Have a high income in your field
6. Excellent talent in professional fields recognized by other experts
At least three conditions can be met to replace the applicant's lack of academic qualifications
Free access to information and advice on immigration There are many people who feel that they have met the
requirements of academic qualifications or Exceptional ability, so
they can apply for NIW national interest exemption, and they will
be passed. In fact, it is not. We need to clarify the situation further.
This is our second step to prove that the applicant meets the NIW
requirements.
This is the NIW condition formally established in the case of
Dhanasar, which can be specifically summarized in three points
1, to prove that the applicant will be engaged in the United States
work has value, and has a nationwide impact.
First of all, it should be noted that the main target is the applicant's
future work (future tense); In fact, most of the work can be included
in this, for example, the applicant is engaged in the position of
teacher, if the applicant only teaches, the applicant needs to start
from all aspects of what papers he has published, what help to
give colleagues in the work of teaching and auxiliary work.
2. Demonstrate that the applicant is ready to do the relevant work.
This can be concretely reflected from two aspects. On the one
hand, it is necessary to have corresponding qualifications; For
example, if the applicant is doing scientific research, what awards
has he won? Have what specific professional certificates and so
on to prove that they have the corresponding qualifications. On the
other hand, they are ready to work in the United States. You can
be specific about how the applicant carried out your work in the
United States; How to bring the applicant's past success to the
United States and other specific measures to prove that the
applicant is ready to come to the United States.
3. In summary, it is necessary to approve the NIW of the applicant.
This point, said is also relatively vague, need the applicant and their own lawyers or relevant immigration agencies to fully
excavate the applicant's materials, you can start from these
aspects.
(1) It is unrealistic for the applicant to apply for a Labour certificate. If the applicant is an entrepreneur himself, it will be strange and possible for him to apply for a labor certificate; Or the applicant's own achievements are very unique, there are good reasons to convince the immigration officer can not apply for a labor permit.
(2) The applicant's work is particularly urgent and the United States needs it.
(3) The applicant's work can create jobs in the United States. In the face of absolute interests, the United States will open up this green channel for you for its own future development
(1) It is unrealistic for the applicant to apply for a Labour certificate. If the applicant is an entrepreneur himself, it will be strange and possible for him to apply for a labor certificate; Or the applicant's own achievements are very unique, there are good reasons to convince the immigration officer can not apply for a labor permit.
(2) The applicant's work is particularly urgent and the United States needs it.
(3) The applicant's work can create jobs in the United States. In the face of absolute interests, the United States will open up this green channel for you for its own future development
In addition, in 2022, the United States also emphasizes that when
STEM PHD applicants apply for NIW national interest exemption, there will be additional concessions and bonus points. This is a
preferential treatment for STEM majors, but it does not mean that if
you are not STEM professional, you can not apply for NIW national
interest exemption. Whether it is business, art, sports or education,
as long as you meet the above conditions I have mentioned, we
can try to apply for NIW national interest exemption.
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