What qualifies for NIW (split & merged)

[officedad 0]

Hi all,

 

I am new here. I am inquiring about this visa.

• I am a Pakistani national, Male, 43 years old, 2 dependent children and a wife. All are Pakistani nationals.
• Both my wife and I are qualified senior executives in large multi-national companies in Dubai, UAE.
• We are on a UAE residence visa.
• Both of us have our Bachelor's Degrees from Pakistan
• In addition, my wife has her CIMA and I have my MBA from a reputed university Pakistan. 

 

We would like to immigrate to the US to work and settle our family down.  Based on the criteria listed on the USCIS website, it states no employment offer is needed, as long as we have an 'advanced degree' and 'exceptional ability' - see excerpt below:

National Interest Waiver

If you are requesting that we waive the labor certification (also known as a job offer) because it is in the national interest of the United States, you are eligible to file a petition on your own behalf. You may do this whether you seek to classify yourself as a member of a profession who has an advanced degree or if you have an exceptional ability.

We will review all the evidence you submit to determine whether you are eligible for the second-preference classification and whether it is in the national interest of the United States to grant this discretionary waiver.

Please visit the Employment-Based Immigration: Second Preference EB-2 page for more information.

 

My questions are as follows - specific to this link (Employment-Based Immigration: Second Preference EB-2)

• Based on my understanding, I believe both my wife and I qualify to waive the labor certification (also known as a job offer) because it is in the national interest of the United States eligible. Based on this, we will proceed with filing a petition on our own behalf. Is it better for me to do this, or my wife as a primary sponsor? or do we each need to do our own? I understand this is not a family sponsorship, but if both husband and wife meet the criteria, how is this managed?
• It states I do not need a job offer to file the petition - would they require this at any point prior to my relocating to the US? 
• If I do not find a job within x timeframe, what happens to my visa?
• What is the waiting period between applying and approval of petition? Is there a generic timeframe available? I am new to this, hence not sure where to look at a first instance.

Many thanks in advance.

[officedad 0]

On 1/23/2023 at 8:41 AM, OldUser said:

Hi @Daniel Vas your case does not seem to qualify for National Interest Waiver.

If your introduction was "Hi my name is Daniel and I am a PhD in Computer Science and a Turing Award winner with 20 years of experience in the field" then maybe it was qualifying.

 

Your route is either DV lottery or H1B.

 

Good luck!

 

 

 

how do we know if we qualify or not?

[JeanneAdil 6,583]

what qualifies as US National interest

What is your course of study for your MBA?

[Boiler 45,761]

20 minutes ago, officedad said:

how do we know if we qualify or not?

Apply and find out?

[officedad 0]

4 minutes ago, Boiler said:

Apply and find out?

surely there should be a criteria somewhere, and not have to spend $$/time on an application?

[Boiler 45,761]

Just now, officedad said:

surely there should be a criteria somewhere, and not have to spend $$/time on an application?

I have a link to a lawyer who provides a money back guarantee 

 

Clue they do not take on cases they are not pretty sure will succeed 

 

Lawyers do not like giving money back 

[Boiler 45,761]

1 minute ago, Boiler said:

I gave a link to a lawyer who provides a money back guarantee 

 

Clue they do not take on cases they are not pretty sure will succeed 

 

Lawyers do not like giving money back 

 

Edited February 21, 2023 by Boiler

[officedad 0]

1 minute ago, Boiler said:

I have a link to a lawyer who provides a money back guarantee 

 

Clue they do not take on cases they are not pretty sure will succeed 

 

Lawyers do not like giving money back 

thanks, could you share please?

[OldUser 7,009]

33 minutes ago, officedad said:

how do we know if we qualify or not?

"Individuals seeking a national interest waiver must show evidence of an advanced degree or exceptional ability and must also meet three factors that USCIS uses to determine, in its discretion, whether it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification. The three factors USCIS considers for a national interest waiver are whether:

- The person’s proposed endeavor has both substantial merit and national importance;
- The person is well positioned to advance the proposed endeavor; and
- It would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements."

 

From https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-national-interest-waivers

 

Every applicant should have a good explanation why they're qualified and why US should drop permanent labour certification requirement. In the end of the day, USCIS decides who qualify for NIW.

 

Examples:

1. Somebody wants to join an IT startup working on a new social network. The applicant doesn't have a formal degree, but holds a senior position in their current company.

Likely outcome: NIW is not issued. How does this benefit US and why can't the applicant find a H1B sponsored position?

 

2. A well known physicist, has experience working on technologies related to super sonic missiles. He has maters/ PhD in relevant field and his knowledge can help strengthening US defense. He has publications in scientific journals, took part in many conferences as a speaker. A number of recommendations from well recognized experts in the US are available.

Likely outcome: NIW is issued.

 

These are exaggerated examples to show the difference between the cases.

 

You can always try, as @Boiler recommends. But you gotta have a real case.

 

 

Edited February 21, 2023 by OldUser

[officedad 0]

6 minutes ago, OldUser said:

"Individuals seeking a national interest waiver must show evidence of an advanced degree or exceptional ability and must also meet three factors that USCIS uses to determine, in its discretion, whether it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification. The three factors USCIS considers for a national interest waiver are whether:

- The person’s proposed endeavor has both substantial merit and national importance;
- The person is well positioned to advance the proposed endeavor; and
- It would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements."

 

From https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-national-interest-waivers

 

Every applicant should have a good explanation why they're qualified and why US should drop permanent labour certification requirement. In the end of the day, USCIS decides who qualify for NIW.

 

Examples:

1. Somebody wants to join an IT startup working on a new social network. The applicant doesn't have a formal degree, but holds a senior position in their current company.

Likely outcome: NIW is not issued. How does this benefit US and why can't the applicant find a H1B sponsored position?

 

2. A well known physicist, has experience working on technologies related to super sonic missiles. He has maters/ PhD in relevant field and his knowledge can help strengthening US defense. He has publications in scientific journals, took part in many conferences as a speaker. A number of recommendations from well recognized experts in the US are available.

Likely outcome: NIW is issued.

 

These are exaggerated examples to show the difference between the cases.

 

You can always try, as @Boiler recommends. But you gotta have a real case.

 

 

super helpful, thank you! 

[randomstairs 304]

2 hours ago, OldUser said:

"Individuals seeking a national interest waiver must show evidence of an advanced degree or exceptional ability and must also meet three factors that USCIS uses to determine, in its discretion, whether it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification. The three factors USCIS considers for a national interest waiver are whether:

- The person’s proposed endeavor has both substantial merit and national importance;
- The person is well positioned to advance the proposed endeavor; and
- It would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements."

 

From https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-national-interest-waivers

 

Every applicant should have a good explanation why they're qualified and why US should drop permanent labour certification requirement. In the end of the day, USCIS decides who qualify for NIW.

 

Examples:

1. Somebody wants to join an IT startup working on a new social network. The applicant doesn't have a formal degree, but holds a senior position in their current company.

Likely outcome: NIW is not issued. How does this benefit US and why can't the applicant find a H1B sponsored position?

 

2. A well known physicist, has experience working on technologies related to super sonic missiles. He has maters/ PhD in relevant field and his knowledge can help strengthening US defense. He has publications in scientific journals, took part in many conferences as a speaker. A number of recommendations from well recognized experts in the US are available.

Likely outcome: NIW is issued.

 

These are exaggerated examples to show the difference between the cases.

 

You can always try, as @Boiler recommends. But you gotta have a real case.

 

 

These are quite realistic cases actually.

 

2 hours ago, officedad said:

super helpful, thank you! 

You need to show that your field is in national interest (that's pretty broadly understood). The publications and citations are key (for science/tech). The minimum is set pretty low but few attorneys will take your case with a bare minimum. You have to show that other researchers have applied your work, that their projects were influenced by your publications. The attorneys will ask you to select several top citations from your papers and demonstrate how each citation has advanced the work of those who cited you. Lastly you need to convince the government that you will be able to apply your extraordinary ability to your future endeavors. 

 

For arts, humanities, sports, etc, the expectations are somewhat different (although the same broad criteria apply). 

 

If you're in tech/science, you need publications. I can't think of a case where the applicant had none. 

 

The attorneys (recommended above) can quickly review your case, for free. They'll let you know if you have any options other than the above. My colleague's case was not accepted by the attorney because her citation record wasn't strong enough, even though she had 100+ citations and one high level journal paper. It gets pretty tough if you want to convince the government that it's in the US interest to waive the regular requirements for employment-based immigration. 

Edited February 21, 2023 by randomstairs

[officedad 0]

15 minutes ago, randomstairs said:

These are quite realistic cases actually.

 

You need to show that your field is in national interest (that's pretty broadly understood). The publications and citations are key (for science/tech). The minimum is set pretty low but few attorneys will take your case with a bare minimum. You have to show that other researchers have applied your work, that their projects were influenced by your publications. The attorneys will ask you to select several top citations from your papers and demonstrate how each citation has advanced the work of those who cited you. Lastly you need to convince the government that you will be able to apply your extraordinary ability to your future endeavors. 

 

For arts, humanities, sports, etc, the expectations are somewhat different (although the same broad criteria apply). 

 

If you're in tech/science, you need publications. I can't think of a case where the applicant had none. 

 

The attorneys (recommended above) can quickly review your case, for free. They'll let you know if you have any options other than the above. My colleague's case was not accepted by the attorney because her citation record wasn't strong enough, even though she had 100+ citations and one high level journal paper. It gets pretty tough if you want to convince the government that it's in the US interest to waive the regular requirements for employment-based immigration. 

Thank you! Appreciate you taking the time to respond back in such detail.

[Ontarkie 14,321]

~~Hijack posts and related replies that derailed another member's thread has been split off to their own thread. Please do not post questions of your own in other member's thread.~~

[OldUser 7,009]

23 hours ago, JeanneAdil said:

what qualifies as US National interest

What is your course of study for your MBA?

Seems like a duplicate thread of this:

 

 

[Ontarkie 14,321]

~~Duplicate threads merged.~~