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Last Updated On: November 20, 2023 | Published On: October 31, 2023
The National Interest Waiver (NIW) is a great immigration option for foreign nationals seeking U.S. permanent residency (green card) by demonstrating that their work is of national interest to the United States. To successfully navigate the NIW process, it is essential to understand the recommendations and requirements set forth by the U.S. Citizenship and Immigration Services.
In late 2016, the Administrative Appeals Office (AAO) issued a precedent decision in the Matter of Dhanasar. The Matter of Dhanasar replaced the previous framework established in the Matter of New York State Department of Transportation (NYSDOT). In the NYSDOT framework, in order to qualify for a national interest waiver, an applicant had to show that their work was of “intrinsic merit” and “national importance,” and that they had a record of success in the field. The Dhanasar decision introduced a more flexible and streamlined approach.
The AAO established a three-pronged test in the Matter of Dhanasar:
2. The foreign national is well positioned to advance the proposed endeavor:
3. On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification:
This framework provides a more flexible approach to evaluating eligibility for national interest waivers and considers the overall impact of an individual’s work in the United States and for its national benefit. It aims to encourage individuals with unique skills and contributions to apply for national interest waivers.
A recent success story involves a non-typical, non-STEM related EB-2 NIW case with Premium Processing. This case was approved within a week with no RFE (Request For Evidence) for a mental health specialist. Her proposed endeavor/personal statement was very detailed about her accomplishments and qualifications, and what she specifically planned to do in the U.S. to improve access to mental health services in underserved and rural areas, and for people of color and other underserved or underrecognized populations in the U.S. She did not have the “typical” NIW qualifications of published scholarly papers with numerous citations or any of the characteristic NIW criteria that usually scientists, researchers, or professors need to meet. What this individual had was proof of a history of high accomplishments and certifications in her field, and a very well-worded and to-the-point personal statement/proposed endeavor, along with strong recommendation/testimonial letters. In addition to all of this, she was able to provide widely respected and USCIS-acknowledged articles and reports on the economic benefits of addressing this U.S. national need in that area, and figures of the economic detriment if it is not adequately addressed. USCIS has been trending towards wanting concrete and reputable economic/financial figures to show national benefit and importance.
Our recommendations for a strong NIW petition:
A successful NIW petition requires meticulous documentation, a clear alignment with U.S. national interests, and a compelling case for the uniqueness and impact of your contributions. There are no shortcuts.
Learn about how to use EB-2 NIW self-petition in this guide!
For more general information on NIW petitions, it’s best to schedule a consultation with our immigration attorney team today!
Tags: EB2, NIW