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 National Interest Waiver (NIW)

 

 Foreign nationals who are members of the professions with advanced degrees or their equivalent or have exceptional ability in the sciences, arts, or business, can seek this EB2 immigration classification. Both a job offer and a labor certification are not required for this classification and the foreign beneficiaries can self-petition. The national benefit that foreign nationals claim to bring must meet three criteria: (1) the alien's proposed endeavor has both substantial merit and national importance; (2) the alien is well positioned to advance the proposed endeavor; and (3) on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)

Documents and evidence for NIW petition include recommendation letters from experts in the field, original research articles, publications about the alien, patents, awards, memberships, evidence of the beneficiary’s influence in the field, including citations on research articles, commentaries, requests for prints or collaborations etc. 

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