The National
Interest Waiver (NIW) is a waiver of the job offer for individuals
who wish to immigrate to the USA under the employment-based second
preference category (EB-2) for aliens who are members of the
professional holding advanced degrees or who have exceptional
ability in the sciences, arts or business. By testifying that a
waiver of a job offer is in the "national interest," the
alien is not subject to the labor certification requirement
otherwise applicable to 2nd preference aliens.
The criteria for NIW petition:
Based on
1990 Immigrant Act, for qualifying NIW category, the alien has to
show that alien’s current research serves the “National Interests? in at least
one of the following:
- Improving the U.S. economy;
- Improving wages and working conditions of U.S. workers, create
employment opportunities;
- Improving education and training programs;
- Improving health care;
- providing more affordable housing for young or older, poorer U.S.
residents;
- Improving the environment of the U.S. and making more productive use of
natural resources;
- Improving cultural awareness and diversity through artistic endeavors;
- Having significant scientific contributions;
- Involving a request from an interested U.S. government agency.
It is important to mention that, in 1998, the CIS Administrative
Appeal Office (AAO) designated it first precedent decision in the
case of Matter of New York State Department of Transportation
(NYDOT) aiming at guiding NIW adjudication. NYDOT establishes stricter standard for obtaining NIW than those
applicable in the past. Pursuant to Matter
of New York State Department of Transportation, The new
standard for approval of a NIW has to be satisfied on the
following aspects:
1.
Evidence that the benefits of your proposed employment will be national
in scope; and
2.
Evidence that you seek employment in an area of substantial
intrinsic merit; and
3.
Evidence that your ability is "exceptional", which is
defined as "a degree of expertise significantly above that
ordinarily encountered in the sciences, arts, or business;"
and
4.
You must persuasively demonstrate that the national interest would
be adversely affected if a labor
certification were required,
which means that it would be contrary to the national interest to
potentially
deprive the prospective employer of your services by
making available to U.S. workers (having the minimum
qualifications) the position you seek, name but a few.
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