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National Interest Waiver. Law Office of Daniel W. Oldenburg, LLC. National Interest Waiver (NIW). A waiver relieving the Petitioner from the labor certification process. A waiver relieving the Petitioner from the Job Offer requirement. Self- Petition - PowerPoint PPT Presentation
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National Interest Waiver
Law Office of Daniel W. Oldenburg, LLC
National Interest Waiver (NIW)
A waiver relieving the Petitioner from the labor certification process.
A waiver relieving the Petitioner from the Job Offer requirement.
Self- Petition 1. Alien seeks Employment in an
“Area of Substantial Intrinsic Merit” 2. That the Proposed Benefit is
“National in Scope” 3. The National Interest would be
adversely affected if a Labor Certification were required for the Alien.
Matter of NYSDOT, Int. Dec. #3363.
National Interest Waiver Alien seeks Employment in an “Area of
Substantial Intrinsic Merit” What is substantial and Intrinsic Merit? Take your occupation and think about what
makes it special, important, essential, or noteworthy.
Why is it special, important, essential, or noteworthy?
Most scientific research is substantial and intrinsically meritorious.
That the Proposed Benefit is “National in Scope”
Who benefits from the work, research or occupation?
Are there long range or distant reaching consequences to one’s research or work?
Consumer or stream of commerce arguments.
Statistical data as evidence of national scope.
Publications, Articles, Letters Patents, etc.
The National Interest would be adversely affected if a Labor Certification were required for the Alien.
PERM has replaced the Traditional Labor Certification process. Although there remain DOL regulations to comply with.
Can take several months. Unique Skills not taken into consideration
by PERM /DOL Urgency / Importance of research or
occupation.
I-140 Immigrant Petition for Alien Worker National Interest Waiver (NIW)
Most unique category Not much guidance Purely Discretionary If you call the 1-800 # and wait 2 hours
to speak with a live person and you mention the phrase NIW… They will have no clue.
In depth review of the employment Broad ranging standard yet seems to
be narrowly defined. Prepare and present with the intention
of educating the adjudicating officer.
What are some occupations worthy of the NIW?
1. Alien seeks Employment in an “Area of Substantial Intrinsic Merit”
2. That the Proposed Benefit is “National in Scope”
3. The National Interest would be adversely affected if a Labor Certification were required for the Alien.
Bio-Defense, Cancer Research, Public Health Issues, National Defense, Advances in Bio-medical technology/pharmacology etc.
Matter of NYSDOT, Int. Dec. #3363.
1. Alien seeks Employment in an “Area of Substantial Intrinsic Merit”
2. That the Proposed Benefit is “National in Scope”
3. The National Interest would be adversely affected if a Labor Certification were required for the Alien.
NIW: Creation and Persuasion
Keep in Mind the Standard
1. Alien seeks Employment in an “Area of Substantial Intrinsic Merit”
2. That the Proposed Benefit is “National in Scope”
3. The National Interest would be adversely affected if a Labor Certification were required for the Alien.
How Long Does it Take? Texas Service Center I-140 Immigrant Petition for Alien Worker
(Advanced Degree or Extra-ordinary ability requesting an National Interest Waiver)
Currently takes about 4 months. Concurrently file with I-485 Application for
Adjustment of Status to Permanent Resident?
What happens after filing an NIW? 1. Approved------ Green light to apply for
Green card or continue process if concurrently filed.
2. Denied------ without prejudice (can file again)
Request For Evidence (RFE) Can be appealed (AAO) Very lengthy and
difficult.
Law Office of Daniel W. Oldenburg 503 North Main Street Suite 539Pueblo, CO 81003T-(719) 543-7404Cell (719) [email protected]
Thank you!
