NIW

The U.S. job market has looked bleak for some time and there are no definitive signs of improvement. With fewer job opportunities available, nonimmigrant visa holders should consider some alternatives to H-1B.

                                            

One alternative is to apply for a National Interest Waiver (NIW). This classification of immigrant worker does not require a job offer and the alien may self petition. The otherwise required job offer is waived for the sake of the United States’ “national interest.”  Upon approval of NIW, the alien will receive a green card.

NIW Requirements

The applicant must qualify as either an "Advanced Degree Professional" or an "Alien of Exceptional Ability."

In order to qualify for an NIW, an alien applicant must demonstrate the following"

1.   Alien seeks employment in an area the US has determined is important such as scientific research

2.   That the proposed benefit will be national in scope (e.g. publications, articles, letters of recommendation).

3.   The national interest would be adversely affected  if a labor certificate:ion were required for the alien (e.g. urgency, importance of research).

Alien of Exceptional Ability

In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three (3) of the following:

   1. An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;

   2. Letters documenting at least ten years of full-time experience in the occupation being sought;

   3. A license to practice the profession or certification for a particular profession or occupation;

   4. Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;

   5. Membership in professional associations;

   6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

Note: If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.

attorney@mylawllc.com
My Law, LLC
Immigration & Tax Law Firm
www.mylawllc.com

(630) 903-9625