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National Interest Waiver

National Interest Waiver

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National Interest Waiver

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  1. National Interest Waiver Law Office of Daniel W. Oldenburg, LLC

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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. I-140 Immigrant Petition for Alien Worker National Interest Waiver (NIW)

  7. 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.

  8. Bio-Defense, Cancer Research, Public Health Issues, National Defense, Advances in Bio-medical technology/pharmacology etc.

  9. 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.

  10. NIW: Creation and Persuasion

  11. 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.

  12. 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?

  13. 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.

  14. Law Office of Daniel W. Oldenburg 503 North Main Street Suite 539 Pueblo, CO 81003 T-(719) 543-7404 Cell (719) 671-1562 danold22@hotmail.com Thank you!