NIW 國家利益豁免係列之3: Detailed Petition Requirements

Provide evidence that the benefits of your proposed employment will be nation in scope. Your employment may be limited to a particular geographic area. However, you must establish benefit to more than one particular region of the country. Moreover, there should be little or no adverse impact on the interests of other regions of the country.

1) Submit evidence that you seek employment in an area of substantial intrinsic merit. Your employment must be important to the national interests of the U.S. Additionally, the benefits of your employment should be immediately apparent to the national interests of the U.S.

2) Submit evidence related to your ability to perform the duties of the proposed employment position. To be considered in the national interest, you must make a showing significantly above that necessary to prove the prospective national benefit required of all aliens seeking to qualify as exceptional. Exceptional is defined under Service regulations as a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

3) You must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required. You must demonstrate that it would be contrary to the national interest to potentially deprive a prospective employer of your services by making available to U.S. workers the position you seek. If self-employed, you must also establish that the national interest would be adversely affected if a labor certification were required.

4) You must establish that you are not seeking a national interest waiver based on a shortage of qualified workers in a given field, regardless of the nature of the occupation. The NIW is not warranted solely for the purpose of ameliorating a local labor shortage.

5) If you demonstrate that you hold a patent or are responsible for an innovation, then you must demonstrate that the specific innovation serves the national interest.

6) You must establish that you have a past record of specific prior achievement which justifies projections of future benefit to the national interest. You must establish, in some capacity, your ability to serve the national interest to a substantially greater extent than a majority of your colleagues.

7) You must demonstrate to some degree, your influence on your field of employment as a whole.

These standards are not codified, but represent the current standards by which the USCIS is adjudicating these petitions.

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