Conclusion

Conclusion



Since NYSDOT, petitioners have found it much more difficult to obtain a waiver of the labor certification requirement because their research is in the national interest. NIWs for qualified researchers are still possible. But to qualify for a NIW, evidence of a measurable impact on the larger field must be well documented. The key to a successful national interest waiver petition for a researcher is providing evidence of the importance of the petitioner’s research within the field, the significance of the petitioner’s past accomplishments, and the ways in which the petitioner’s findings have changed the approach of others.



Well-crafted advocacy can support a deserving national interest waiver petition. First, include objective valuations of the worth of the researcher’s publications and research discoveries whenever possible. Citations to the work by other researchers and reprint requests from third parties are effective forms of objective valuation. Similarly, evidence that government agencies or those in the industry have implemented the petitioner’s discoveries can be quite influential in demonstrating measurable impact.



Second, submit strongly worded, specific witness letters from recognized experts in the field. This should include witnesses who know the petitioner primarily through published research and witnesses who have worked directly with the petitioner. Although the AAO generally finds letters from witnesses with fewer ties to the petitioner more convincing, letters from collaborators are often quite effective in revealing the impact of the petitioner’s research because of their specificity.



Third, don’t confuse national interest waiver petitions with extraordinary ability petitions. Evidence that may not meet the extraordinary ability standard can still be influential in demonstrating the measurable impact of a petitioner’s research.



Finally, more is not necessarily better. Busy CIS adjudicators can be overwhelmed and annoyed by unnecessary bulk. A good cover letter with a brief summary showing exactly how the beneficiary meets the regulatory requirements is important. Equally important is a clear document or exhibit index. Advocate with your document index. Setting out an easy-to-follow roadmap for the adjudicator is crucial.