Some individuals possess exceptional talents and expertise that can greatly benefit the United States. These extraordinary individuals, whether leading experts in their fields or pioneers in research, may qualify for a National Interest Waiver (NIW) to immigrate to the United States.
Overview of NIW Program
NIW applicants fall under the broader category of employment-based immigration, specifically EB-2 applicants. To qualify for NIW, applicants must demonstrate that their employment in the US would significantly contribute to the nation’s interests.
USCIS’ definition of NIW applicants may seem vague, but historically, they accept individuals with extraordinary talents and contributions to their professions. Working with experienced immigration lawyers is crucial to highlight the qualities USCIS consular officers seek.
Application Process
Applicants can either self-petition or apply through a sponsor if they cannot secure employer sponsorship. Understanding USCIS prerequisites is essential, as applicants must fulfill at least three of the outlined criteria.
USCIS Criteria for NIW Application
- Academic record demonstrating relevant degrees or certifications.
- Documentation of extensive experience in the field.
- Professional licenses or certifications.
- Evidence of significant contributions to the industry.
- Recognition by peers, government entities, or professional organizations.
Applicants must meet a minimum of three criteria from the list provided by USCIS, ensuring potential and promise in their employment in the US.
Family Immigration Benefits
NIW applicants can include their spouse and children under 21 in their immigration application. USCIS grants E-21 and E-22 immigrant status to the spouse and children, respectively, allowing them to immigrate with the primary applicant.
Consultation with Immigration Lawyers
For eligible applicants, the NIW program offers a promising pathway to US residency. USCIS has admitted numerous individuals demonstrating a national interest in America. Consulting experienced immigration lawyers is highly recommended to navigate the application process effectively.
The National Interest Waiver program presents a valuable opportunity for qualified individuals to contribute to the United States. With the right qualifications and guidance, applicants can pursue their aspirations of residing and working in the US.
Disclaimer: This immigration legal blog does not constitute legal advice or establish an Attorney-Client Relationship. For personalized guidance on your citizenship journey, contact the law offices of attorney Ramona Kennedy.
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