National Interest Waiver (NIW)

• Who May Qualify

• Employer Sponsored or Self Petition

• Required Evidence

• Advantages

• Reasons to Choose Our Services

• Petition Preparation

1. Holder of advanced degree or person of exceptional ability in the sciences, arts, or business, and
2. Who will be employed in the fields that substantially benefit the national economy, cultural, or educational interests or welfare of the United States because of your exceptional ability.

You may also qualify for NIW if you are an alien physicians who will be practicing medicine in an area of underserved in the U.S. as certified by the Department of Health and Human Services.

Employer Sponsored or Self Petition:

An Alien can petition NIW on his or her own behalf, and does not need labor certification or job offer by an employer.

Required Evidence:

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

NYDOT Standard

Advantages:

1. Waiver of a  job offer (based on national interest);
2. No need for labor certification;
3. Can be applied abroad;
4. 180-day rule does not apply to the self petitioners;
5. Spouse and children under 21 obtain immigration benefit as derivative;
6. Qualified applicant can apply EB-2/NIW concurrently with other categories of employment-based immigration petitions, such as EB-1 Extraordinary Ability, EB-1 Outstanding Researcher, or Labor Certification.

Reasons to Choose Our Services:

• Free and accurate evaluation of your case;
• Fast response to your questions;
• Professional consultations of the possible courses of actions that fit your situation;
• Step-by-step assistance in your collection of evidence;
• Careful examination and correction of the supporting letters and translations;
• Discover the uniqueness of your cases and tailor our legal brief  accordingly;
• Assemble and package your entire application to cater the adjudicator's taste;
• No hidden fees other than stated on this page;
• Free consultations on any other related  immigration issues while the case pending with the USCIS;
• Follow the development of the case until its approval.

Petition Preparation:

The application is a close corroboration process between Client the applicant and Attorney as  your representative. We welcome your feed backs on our work. We give each individual case unique treatment  While we attempt our best to  understand the nature of your work, you have the duty -and for your great benefit- to educate the lay persons like us the field of your endeavor, so that we can put on your best case in front of the adjudicator.  Our legal service is build on the confidence and trust of the viewer like you.  We believe in honest open and free communications.  We promise high quality legal service. 

In our office, we handle the EB-2 National Interest Waiver in the following steps:

1. Client sends resume or curriculum vitae  for free evaluation by Attorney; (1day)
2. Attorney responds in 24 hours with honest and accurate assessment of your case; (1 day)
3. Client signs legal contract and pay the first half of the Attorney's fee; (1-3 days)
4. Attorney sends Client the list of supporting documents and sample of recommendation letters; (1-3 days)
5. Attorney reviews and revises the recommendation letters to be provided as sample to each recommender; (3-5 day turn around for each letter);
6. Client waits for  the recommendation letters (2-3 months);
7. Client, at the same time, collects  all published articles, membership cards, award certificates, diplomas, letters, post cards, email requesting your articles, poster or brochures of the international conferences invited and/or attended, and other specific types of evidence fits the each individual Client's situation under the direction of the Attorney. (2-3 months);
8. Client prepares  three copies of every piece of evidence gathered; mail two sets to our office, and keep one set as your record; (3-5 days)
9. Attorney starts to draft the legal brief of your case immediate after all required supporting evidence arrive our office. Clients can expect email communications from our office as we work along and may request some more specific information regarding Client's work or the field of your work. (2 weeks)
10. Client reviews and gives feed backs on the final draft of the Attorney's legal brief; (1 week)
11. Attorney prepare the Exhibit of the supporting evidence, and assembles all documents into one package;
12. Attorney send the application to the proper immigration service centers with correct application fees attached, and mail Client a copy of the Form I-797 receipt; (2 weeks)
13. Attorney and Client wait  for the adjudication and the case status can be checked on USCIS website.  (6 to 12 months, varies with each Service Center, check the USCIS for monthly updated processing table)