Green Card for people of national interest (NIW-National Interest Waiver)
Persons with exceptional abilities or high academic degrees are not required to have a job offer from an American employer when they can demonstrate that their immigration will serve the national interests of the United States. As well as the category of extraordinary abilities, this classification opens the possibility to get Green Cards without looking for an employer in the US and also avoids the long and difficult process of labor certification. By the way, to increase the chances of success, both of these petitions can be filed simultaneously.
Who meets the requirements?
Each applicant must successfully pass a double test: 1) meet the criteria for a person with exceptional abilities or have a high academic degree; 2) meet the criteria of “national interest,” set by the precedent decision in the case of the Transport Department of the State of New York.
To be considered a person with exceptional abilities, you must meet at least three of the following criteria:
The official certificate from the educational institution confirming the existence of a degree, diploma, certificate or other similar documents about the termination of a college, university, school or other educational institution corresponding to the field of your exceptional abilities;
Letters of recommendation documenting at least ten years of experience on a permanent basis for this profession;
License for professional activity or a certificate for your profession or specialty;
Evidence that you receive a salary or other reward for a job reflecting your exceptional abilities;
Membership in professional organizations;
Recognition of your achievements and significant contribution to this industry or area from colleagues, government agencies, professional or business organizations. Other similar qualifications are also accepted.
To meet the criteria of “national interests,” it is necessary to prove three things:
You work in the field of “significant internal importance.”
Your work involves impact nationwide;
Exemption from the requirement of labor certification will serve the “national interests of the United States.”
What problem do issues arise in the process of issuing the decision of the Immigration Service on applications for exclusion in the national interest?
The Citizenship and Immigration Service very rigidly interprets the notion of “exclusion in the national interest.” She is not inclined to release persons from passing the labor certification – a long and expensive process aimed at providing opportunities for American workers to obtain jobs offered to foreigners. It is very difficult to achieve qualification in certain areas, such as art and sports because they are not considered vital for national interests.
Some specialties and types of work can only have local significance, for example, in the case of teachers, consultants or entrepreneurs. People without ties in the United States find it difficult to prove why approval for their application will serve the national interests of the United States. The Citizenship and Immigration Service does not always give a deserved assessment of the opinion of the experts involved, who give their conclusions and conclusions in support of such statements. The fact that the applicant’s work will create jobs in the US does not mean that this will help national interests to a greater extent than the work of other people engaged in this field.
What help will BarristerCorp provide?
We represent clients in applications for an exception in the national interest. This is one of the most subjective categories of immigration, where the role of a lawyer cannot be overemphasized. Experience, knowledge, and creativity are simply necessary for dealing with this problematic category. The documentation requirements are very harsh, and usually, there are more than 40 applications. We help in the development of the strategy, the preparation of letters of recommendation and characteristics, the interaction with the arbitrators, the search for potential experts, the organization of evaluation of documents on education, the identification of critical problems, and provide support throughout the process.
To get a consultation.