National Interest Waiver

(You may email your resume to our Law Office at law@kenzl.com, or call (888-536-9552) for a Free no obligation evaluation.)

I. NATIONAL INTEREST WAIVER (NIW)

A. The Purpose of National Interest Waiver

The purpose of NIW is to get a green card through a proposed employment. NIW is filed under Employment-Based Second Preference (EB-2), and the laws governing NIW is found at 8 USC § 1153(b)(2).

B. The Advantages of NIW

Below are some of the reasons why we recommend NIW to our clients.

1. You can self-petition

For NIW, You can petition for yourself, by yourself. This means that you do not have to ask your employer to do anything for you. In fact, you do not have to be employed to file for NIW.

2. You can skip the burdensome and time consuming PERM labor certification process

Under PERM, your employer needs to advertise your job to the public; offer a salary set by government guidelines; draft a qualifying job advertisement; post the advertisement in several places; interview candidates; reject candidates; and certify under penalty of perjury that there is no minimally qualified candidate available. With NIW, you can skip this process.

3. You have job mobility when compared to PERM labor certification

Under PERM labor certification, you cannot change jobs or accept promotions until after PERM is approved and you have filed both your form I-140 and form I-485 for at least 6 months. This may take years to accomplish, and is much slower than NIW. This lack of mobility could cost you tens of thousands of dollars in future earnings and opportunities.

4. NIW is the easier self-petitioning category

Compared to self-petitioning under EB-1 Alien of Extraordinary Ability, NIW is slightly easier to obtain.

C. NIW Does Have Some Drawbacks

1. You must have some accomplishments to get NIW

The biggest drawback for NIW is that you must be somewhat accomplished to get NIW. USCIS does not clearly state what level of accomplishment is necessary, but the experience of our law office is that, most applicants with at least 2 journal publications will likely get NIW, and most applicants with at least 5 journal articles will almost always get NIW (and usually EB-1 Extraordinary Ability Alien as well). This is our experience; other law offices may differ.

2. You need recommendation letters

Another drawback is that you need to get several recommendation letters. This is not as difficult as it sounds because our law office can help write or modify these letters. We also tell you how to find letter writers.

II. THE SUCCESS OF YOUR PETITION DEPENDS ON HOW IT IS WRITTEN

USCIS never meets with you face-to-face, and so everything depends on your petition.

III. THE KENZL LAW METHODS

To create the best NIW petition possible, Kenzl Law Offices can help you in one of two methods.

A. Method One: You Act As The Expert And We Act As Your Lawyer

In the first method, you act as a creditable expert, tell us everything about your employment, and we translate your words into a legally sufficient NIW petition.

B. Method Two: We Become Your Expert And Act As Your Lawyer

In the second method, you teach us everything that we want to know about your employment, and then we become your creditable expert, and then we take your theories and create additional theories on why your employment is important, and then we integrate everything into a legally sufficient NIW petition.

The first method is easier to do because most lawyers do not have the ability to become experts. Nevertheless, by putting in enough effort, we can become experts and give you legal advice at the same time. This second method is difficult to do, but the results are very good.

IV. THE KENZL LAW ADVANTAGES

Our law offices try to gain as much advantage for our clients as possible, and the following are what we routinely provide.

A. Advantage One: We Look For The Best NIW Strategy

The “Interest” in the National Interest Waiver should be traceable to an economic benefit. Thus, when planning a NIW petition, we balance the economic considerations with the accolades to find the best NIW strategy. This service is just one of the many other services that we provide that are outside the legal scope.

B. Advantage Two: We Find and/or Create Useful Evidence To Support Your Petition

Our clients often overlook important evidence. Thus, one of our duties is to find useful evidence that can support the case. We put ourselves in USCIS’ position and look for that USCIS would like to see. At other times, the supporting evidence is there but is a mess, and so we have to use our skills to separate or recreate the useful evidence from the rest. This is important but difficult to do, and we can only do it by first becoming experts in this field. A lot of thoughts must go into the case to do this part well.

C. Advantage Three: We Use Creativity To Boost Your Petition

There are many small advantages for each case, but it is impossible to identify them all. Nevertheless, by learning about a case and discussing the facts with our clients, we can use creativity to discovery many new advantages. And if the USCIS agent agrees that at least a few advantages are useful, then we have made meaningful impact on the petition.

D. Advantage Four: Our Petitions Are Easy To Understand

If the USCIS does not understand your work, then you have no national interest. Considering that most USCIS officers are not experts, your petition must be simple enough that an average person can understand it and see its benefit immediately.

At Kenzl Law Offices, we write and rewrite the petition until it is simple enough that the national interest is obvious.

E. Advantage Five: We Allow Unlimited Revisions

To ensure that each client is completely satisfied with the petition, we allow unlimited revisions. When we take on a case, we continue to revise the draft until our clients are satisfied with the end result.

V. THE REST OF THIS SERIES

The rest of this series will provide information on the requirements of NIW, and what it really takes to have a successful NIW petition.

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