NIW 国家利益豁免系列之4: USCIS Rules For National Interest Waiver Application

A person qualifies for this benefit if he/she falls within the second preference employment based category, namely a person in the professions who either holds an advanced degree or is considered possessing exceptional ability in the sciences, business or arts.

While the Bureau of Citizenship and Immigration Services has not established specific criteria for approving NIW petitions, many examiners rely on a decision in a case decided a few years ago. In that case, the USCIS Administrative Appeals Unit suggested that the following seven factors could be taken into consideration:

1. improving the U.S. economy;
2. improving wages and working conditions of U.S. workers;
3. improving education and training programs for U.S. children and under-qualified workers;
4. improving health care;
5. providing more affordable housing for young and/or older, poorer U.S. residents;
6. improving the environment of the U.S. and making more productive use of natural resources;
7. a request from an interested U.S. government agency or improving international cultural understanding

In addition, there are a number of rules that the USCIS regularly employs in the adjudication of the NIW petition.

The alien must have at least two years experience in the area in which he/she will benefit the United States. The USCIS looks at this very closely to determine if the alien has a serious commitment to the activity which promotes the national interest.

The National Interest Waiver may not be based solely on the alien’s ability to alleviate a local labor shortage. The USCIS has determined that granting the National Interest Waiver for this reason would be unnecessary since the Labor Certification is employed to determine if a labor shortage exists and then allow a vacant position to be filled. Therefore, a petition that is based solely on the fact that the alien will ameliorate a labor shortage will be denied.

The alien must be involved in an undertaking that will substantially benefit the United States. The alien must play a significant role in the undertaking, and must not be simply a minor constituent who took part thereof.

For more information, please also see:
www.greencardapply.com/niw.htm
www.greencardapply.com/niw/niw_whatis.htm