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When seeking U.S. permanent residency under the EB-2 visa category, which is designed for individuals with advanced degrees or exceptional abilities, the National Interest Waiver (NIW) presents an option. This waiver essentially waives the job offer requirement and the test of the U.S. market for U.S. worker, assuming the applicant’s…
In the realm of U.S. immigration law, the National Interest Waiver (NIW) is a pathway for professionals seeking a green card without the need for a specific job offer or labor certification. However, proving that an endeavor is of “national importance” remains a difficult aspect of the NIW application process.…
After reviewing thousands of AAO decisions and drawing insights from their analysis, the most difficult prong to overcome for noncitizens is the national importance of the endeavor. It is clear that understanding what constitutes “national importance” is pivotal in NIW cases. Through the analysis of appeals and the reasons…
When talented professionals consider making the United States their permanent home, the National Interest Waiver (NIW) presents a unique pathway, bypassing the traditional job offer and labor certification requirements when it is in the national interest to waive the testing of the job market for the availability of US workers.…
The key to a successful NIW application lies in demonstrating that the endeavor has substantial merit and national importance. The Chicago immigration attorneys at Zneimer & Zneimer, analyzed over one thousand appellate decisions and identified common pitfalls that lead to the denial of NIW applications. In several blog post we…
In the complex web of U.S. immigration law, the National Interest Waiver (NIW) is a pathway for professionals and entrepreneurs wishing to contribute significantly to American society. At the Chicago immigration law practice of Zneimer & Zneimer, we have had the privilege of providing legal guidance to many noncitizens through…
The Immigration and Nationality Act provides that noncitizens with exceptional abilities or who are members of the professions holding an advanced degree, may receive a waiver of the job offer requirement if the USCIS deems such waiver in the “national interest.” The national interest waiver is available only to noncitizens…
A foreign national epidemiologist petitioned USCIS for an immigrant petition, filing a petition herself, without an employer. She argued that her work is important for the national interest of the U.S. and the USCIS should not require her to have a job offer. USCIS disagreed and the epidemiologist appealed to…
Our law firm often works with foreign national whose work is in the national interest of the United States. The lawyers of Zneimer & Zneimer are tracking decisions under the new NIW framework under Matter of DHANASAR, 26 I. & N. Dec. 884 (AAO 2016). The framework imposes three prongs…
The Chicago law firm of Zneimer & Zneimer is tracking decisions under the new NIW framework and is providing a summary of decisions applying Matter of DHANASAR, 26 I. & N. Dec. 884 (AAO 2016) In a recent appeal from a national interest waiver denial issued by the Nebraska Service…