"Queue jumping" approved US NIW National
Interest Exemption!!!
There are no hard age and language restrictions, no need to apply
for cumbersome "employer support" and "PERM labor card", and
the cost is far lower than EB-5 immigration. And for applicants in
many fields, the NIW National Interest Immigration Waiver program
has quickly become the best choice for many applicants. In
addition, NIW has a concealed weapon – the use of "prepondium of
evidence" trial rules. More likely to get the chance to "jump the
queue", shorten the approval process, and get approval in
advance.
So what is the dominant logic of the case? And which areas of applicants are more likely to be favored by the Immigration Bureau to "jump the queue" for approval? This issue will introduce to you.
So what is the dominant logic of the case? And which areas of applicants are more likely to be favored by the Immigration Bureau to "jump the queue" for approval? This issue will introduce to you.
"Queue jumping" approved the overall logic
First, all successful applicants for National Interest exemption (NIW) must meet the three criteria set out in the Dhanasar case,
namely:
The applicant's professional research field has substantial value and national significance;
The applicant is well positioned to promote progress in the field;
When all factors are balanced, the applicant's exemption from the job offer and labor permit requirements will benefit the national interest of the United States.
Second, we need to understand that in addition to the above criteria, USCIS has not set a hard standard for "in the national interest." In the absence of established rules, the immigration Department's processing is mainly handled according to the specific circumstances of different applicants. In general, judging
whether the applicant's materials are in line with the national interests of the United States can mainly refer to the following factors:
Whether the applicant's immigration to the United States will have a beneficial impact on the economic development of the United States;
Whether the applicant's work can help improve health care in the United States;
Whether there is a specific requirement by the relevant agency of the United States government that the application should be approved;
Whether the applicant's immigration to the United States can help train American workers and educate American children; Whether the applicant's immigration to the United States can help improve the housing conditions of poor elderly and young people;
Whether the applicant can improve the environment and make better use of natural resources by immigrating to the United States;
Whether the applicant's immigration to the United States can improve the working conditions of American workers and raise wages.
Finally, once the applicant has met the above triple criteria and considerations in the Dhanasar case, the U.S. immigration officer will consider your immigration application under the principle of preponderance of the evidence, which means that if the applicant submits "relevant, corroborative, Credible "evidence, which convinces USCIS that it is" more likely than not "or" likely to be true "that the applicant meets the above criteria, satisfies the preponsibility principle.
The applicant's professional research field has substantial value and national significance;
The applicant is well positioned to promote progress in the field;
When all factors are balanced, the applicant's exemption from the job offer and labor permit requirements will benefit the national interest of the United States.
Second, we need to understand that in addition to the above criteria, USCIS has not set a hard standard for "in the national interest." In the absence of established rules, the immigration Department's processing is mainly handled according to the specific circumstances of different applicants. In general, judging
whether the applicant's materials are in line with the national interests of the United States can mainly refer to the following factors:
Whether the applicant's immigration to the United States will have a beneficial impact on the economic development of the United States;
Whether the applicant's work can help improve health care in the United States;
Whether there is a specific requirement by the relevant agency of the United States government that the application should be approved;
Whether the applicant's immigration to the United States can help train American workers and educate American children; Whether the applicant's immigration to the United States can help improve the housing conditions of poor elderly and young people;
Whether the applicant can improve the environment and make better use of natural resources by immigrating to the United States;
Whether the applicant's immigration to the United States can improve the working conditions of American workers and raise wages.
Finally, once the applicant has met the above triple criteria and considerations in the Dhanasar case, the U.S. immigration officer will consider your immigration application under the principle of preponderance of the evidence, which means that if the applicant submits "relevant, corroborative, Credible "evidence, which convinces USCIS that it is" more likely than not "or" likely to be true "that the applicant meets the above criteria, satisfies the preponsibility principle.
In which fields are applicants more likely to "jump the queue" to be approved?
Unlike EB-1A, which focuses on the influence of the applicant,
NIW program is more inclined to the actual benefits that the
applicant brings to the United States. Based on the influence
factors mentioned in the second part and the case experience
accumulated by MeritOne in its past practice, if the applicant
meets the hard NIW standard, we believe that Under the same
conditions, USCIS may give priority to applicants in the following
fields.
(1) Science and technology: The United States has always been the country that trains and introduces the most scientific and technological talents. In the wake of the coronavirus pandemic, the U.S. economic recovery needs a significant number of tech talent to fill high-skilled jobs. In 2022, the United States enacted a number of policies to promote the development of defense technology, 6G, quantum computing, chip manufacturing and other fields. In contrast, talents in STEM (Science, Technology, Engineering, Mathematics) related fields, For example, talents in communication engineering, engineering materials, artificial intelligence, computer security, quantum information and other scientific and technological fields are at the top of the immigration Department's priority list.
(2) Medical field: American health services contribute a lot to value generation and employment. Medical care can not only extend the life span of its citizens, improve the quality of life, but also occupy a great proportion in the national economy of the United States. In 2021, the United States will spend $4.3 trillion on health care, about 18 percent of that year's gross domestic product, by far the largest share of any major economy in the world. In 2022, health care spending in the United States is expected to account for about 19 percent of gross domestic product. Therefore, the United States attaches great importance to the absorption of medical talents. Medical professionals also tend to be valued more in the NIW National Interest Waiver program.
(3) Energy and Environmental protection: The United States ranks second in global energy consumption in 2022, second only to China. The huge energy consumption makes energy and environmental protection an unavoidable issue for the United States. Whether it is fossil energy or new energy, it is a resource that the United States attaches great importance to. Similarly, talent gaps in these fields need to be filled. Among the previous clients, a client working in oil and energy was given the opportunity to take advantage of the case.
(4) Applicants with relevant emergency projects in progress: For example, applicants who have already cooperated with U.S. related companies, scientific research institutions, etc., or who need to travel to the United States for business activities within a relatively short time span. Uscis will consider the applicant to be closer to the standard pattern than in other cases. Preponder cases are more "easier" to review, that is, more consistent with the national interest exemption criteria.Under this condition, the immigration bureau will increase the priority of the case, and it will be raised to the front of the case sequence, so that "jumping the queue" can be achieved.
(1) Science and technology: The United States has always been the country that trains and introduces the most scientific and technological talents. In the wake of the coronavirus pandemic, the U.S. economic recovery needs a significant number of tech talent to fill high-skilled jobs. In 2022, the United States enacted a number of policies to promote the development of defense technology, 6G, quantum computing, chip manufacturing and other fields. In contrast, talents in STEM (Science, Technology, Engineering, Mathematics) related fields, For example, talents in communication engineering, engineering materials, artificial intelligence, computer security, quantum information and other scientific and technological fields are at the top of the immigration Department's priority list.
(2) Medical field: American health services contribute a lot to value generation and employment. Medical care can not only extend the life span of its citizens, improve the quality of life, but also occupy a great proportion in the national economy of the United States. In 2021, the United States will spend $4.3 trillion on health care, about 18 percent of that year's gross domestic product, by far the largest share of any major economy in the world. In 2022, health care spending in the United States is expected to account for about 19 percent of gross domestic product. Therefore, the United States attaches great importance to the absorption of medical talents. Medical professionals also tend to be valued more in the NIW National Interest Waiver program.
(3) Energy and Environmental protection: The United States ranks second in global energy consumption in 2022, second only to China. The huge energy consumption makes energy and environmental protection an unavoidable issue for the United States. Whether it is fossil energy or new energy, it is a resource that the United States attaches great importance to. Similarly, talent gaps in these fields need to be filled. Among the previous clients, a client working in oil and energy was given the opportunity to take advantage of the case.
(4) Applicants with relevant emergency projects in progress: For example, applicants who have already cooperated with U.S. related companies, scientific research institutions, etc., or who need to travel to the United States for business activities within a relatively short time span. Uscis will consider the applicant to be closer to the standard pattern than in other cases. Preponder cases are more "easier" to review, that is, more consistent with the national interest exemption criteria.Under this condition, the immigration bureau will increase the priority of the case, and it will be raised to the front of the case sequence, so that "jumping the queue" can be achieved.
