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.…
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Articles Posted in NIW
Can Pilots Demonstrate National Importance in NIW Applications
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…
What Is Considered of National Importance for a National Interest Waiver?
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.…
Understanding National Importance in NIW Applications
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…
The Pitfalls of National Importance in National Waiver Petitions
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…
New Analytical Framework for National Interest Waiver Petitions
The Administrative Appeals Office (“AAO”) recently scrapped the “national interest waiver” test of In re N.Y. STATE Dep’t OF Transp., 22 I. & N. Dec. 215 (1998) and replaced it with a new one in Matter of DHANASAR, 26 I. & N. Dec. 884 (AAO 2016). The AAO determined that the test USCIS has been following for the last 18 years was too subjective, and promised that the new framework “will provide…