NIW National interest exemption standards
lowered, STEM, PHD super fast passage?
NIW has been gaining popularity since last year. The reason is that the USCIS issued a Policy Memo on January 21, 2022, highlighting the important contribution of STEM fields to the advancement of science and technology in the United States, and the policy update relaxed the criteria for talents in STEM fields to apply for national interest waiver NIW.
In short, STEM doctoral students automatically meet the three principles of NIW.Doesn't that sound particularly tempting? So has NIW really become easier to apply for?
In short, STEM doctoral students automatically meet the three principles of NIW.Doesn't that sound particularly tempting? So has NIW really become easier to apply for?
What is NIW
The National Interest Waiver (NIW) is a special case of the EB2 green Card, which is reserved for talents who have made special
contributions to the national interest of the United States.
We all know that the EB-2 application requires a long and cumbersome LaborCertificate (LC), but NIW can skip this step and directly apply for a green card. It is important to note that if you are not exempt, it is very complicated to apply for a Labour certificate. The whole PERM process usually takes about one year without audit, and the time will be longer if Audit is encountered. In addition, the policy memo issued by the Immigration Bureau last year ostensibly reduced the difficulty of STEM doctoral students applying for NIW, and NIW became popular for a time.
We all know that the EB-2 application requires a long and cumbersome LaborCertificate (LC), but NIW can skip this step and directly apply for a green card. It is important to note that if you are not exempt, it is very complicated to apply for a Labour certificate. The whole PERM process usually takes about one year without audit, and the time will be longer if Audit is encountered. In addition, the policy memo issued by the Immigration Bureau last year ostensibly reduced the difficulty of STEM doctoral students applying for NIW, and NIW became popular for a time.
Advantages of NIW!
- No need for support from an American employer: you can apply without the hassle of negotiation if you meet the requirements
- Easy job change: The new job is required to be in the same field as the job when applying for NIW
- No permanent job commitment is required
- No need to apply for a labor card: As mentioned above, applying for a labor card is time-consuming and laborious
Detailed explanation of NIW application conditions
- The professional field must have substantial merit and national importance at the national level substantial merit: Substantial merit: To put it simply, it has brought substantial value to some sophisticated fields in the United States, and a lot of evidence is needed here to prove this. Effective evidence can not only be job duties, must be specific job content and objectives. In fact, the specific field is not limited, business, entrepreneurship, science, technology, culture, health or education fields can be, but according to the dp sharing available on the Internet, the application rate is higher in the field of science and technology. national importance at the national level The applicant brings benefits to the United States at the national level. Then it's easy for a PhD to explain this, because publishing important papers can benefit the entire country in the field, and everyone can cite them. Or that you have a patent for an innovation is also helpful evidence, as evidenced by the 22-year- old new policy on the first green light: USCIS says advances in STEM-related technologies are of national impact and therefore do not take much effort to account for. As long as your research meets the USCIS definition of advanced.
So what kind of evidence doesn't work?
– USCIS believes that your evidence can only prove to be helpfulto a particular region or employer.
A few simple examples: engaged in SDE to do a software out of
the line? The lawyer's reply: This is still in the interests of the
employer, not state influence.
The Immigration Bureau also has an example: Suppose the
applicant is teaching in education, which can be said to meet the
substantial merit, but cannot meet the national importance.
How do you solve this problem because you can't achieve a
national benefit?
The best way is to keep participating in academic activities,
reviewing manuscripts, and issuing papers during the process of
work.
Another thing to note here is that your results don't have to be
current, they can also be potential. Even if you are still in the
process of research, by properly describing and presenting the
progress so far, there is a chance of convincing USCIS without the
glitzy academic paper? How about years of experience? According
to the successful cases of the past, generally no academic
achievements, want to rely on work experience to meet the criteria,
usually held a relatively important position, or responsible for the
national influence of the work, such as promoting employment.
From this point of view, the tech talents who make screws in big
factories are basically missing.
The more common ones that meet the requirements are:
Entrepreneurs and the company has patents or products with
greater influence;
High-profile corporate executives covered by the media;
Generally speaking, only many years of work experience is more
difficult
2. The applicant is well positioned to advance the proposed endeavor
Simply put, it is to convince immigration that you are now in a position to contribute to the United States and that this position will
continue to escalate in the future.
This judgment is basically a subjective judgment of the immigration
bureau, and the reference material is based on the applicant's
qualifications, papers, achievements and other materials, which is
also a common reason for the immigration Bureau to reject the
case. Then this is also a reflection of the relaxation of the
requirements of the Immigration Bureau in 22 years. It is a great
bonus to meet the Second Prong for the PHD of science and
engineering, especially the talents of STEM majors (the 22 high-
level and sophisticated key fields and related fields listed on the
official website). But a PHD or master's degree is not enough.
There is no special requirement for the number of papers and the
number of specific citations, the graduation thesis is also
acceptable, or if the thesis is very small, there is also a chance of
success. However, you will need to provide additional materials
including: research funding, conference articles, professional
media, and mass media including the school newspaper.
If you are a STEM major applicant and want to take advantage of
this advantage, there is one thing to note: the graduation job
should be related to the major. If you go to school to study these
22 advanced fields, and then graduate into something else (not
these kinds of jobs), the STEM benefit will be lost. If you cross the
line or develop in the middle of the sophisticated field, then it is
OK.
3 Waiving job offer and labor certification requirements is beneficial
to the United States
In short, the immigration Bureau will determine the applicant's field,
the importance of the project, the benefits of the project and the
specific results. References and testimonials from U.S.
government agencies are useful.
Technically, NIW standards have dropped, so if you're interested in
applying, do it now