The National Interest Waiver (NIW) is a subset of the EB-2 classification. The advantage of this unique visa is that the applicant does not depend on a job offer from a US sponsor, which automatically waives the labor certification requirement.
In this article, you will discover whether it is possible to apply for an NIW without a citation.
National Interest Waiver – Understanding the Concept
The primary advantage of the NIW is the possibility to self-petition with USCIS and waive the job requirement and labor certification process. It is fundamental to understand that NIW must meet the basic EB-2 requirements.
Hence, NIW applicants can apply based on a profession that requires an advanced degree (or its equivalent), or exceptional ability.
Petitioners applying based on an advanced degree must possess “such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus five years of post-baccalaureate, progressive work experience in the field). Supporting documentation includes:
- “An official academic record showing that you have a US advanced degree or a foreign equivalent degree
- An official academic record showing that you have a US baccalaureate degree, or
- A foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty”
NIW petitioners applying based on exceptional ability must show “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” When filing with USCIS, applicants must meet at least three of the following criteria:
- “Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
- Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
- A license to practice your profession or certification for your profession or occupation
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
- Membership in a professional association
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
- Other comparable evidence of eligibility is also acceptable”
Can I Apply for NIW Without Citation? – The Verdict
While the number of citations is important to boost the chances of an EB-2 NIW applicant to succeed, it is possible to obtain an NIW with few or even no publications. It is crucial to work with an expert attorney to ensure full compliance with the USCIS NIW criteria:
- The applicant’s proposed endeavor must have “substantial merit” and “national importance”
- The applicant must be well-positioned to advance the proposed endeavor, and
- Showing that it would be beneficial to the United States to waive the job offer and labor certification requirements
An important alternative for NIW applicants without citations or publications is to obtain a letter of support from experts in one’s field of expertise, demonstrating the applicant’s influence in the field and how the US would benefit from the waiver.
Do You Want to Obtain a National Interest Waiver? – Immediately Seek Expert Legal Guidance
Waste no time with uncertainty. Immediately contact Attorney Romy B. Jurado by calling (305) 921-0976 or emailing [email protected] to find the best immigration strategy for your case.
