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国家利益豁免-National Interest waiver (NIW)

    国家利益豁免(NIW)申请材料清单
  • INS filing fee $? payable to “USCIS” ?
  • Form I-140
  • Form ETA 750B
  • Form ER-750
  • Petition Letter
  • Personal statement, Outlining your work, and emphasizing its significance and applications.  Describe in detail the research projects you are working on or have worked on.  Describe any discoveries you have made or new procedures you have developed, and their future potential application.  Describe how critical and indispensable your role is in this particular project.  If your work provides any of the following benefits, please describe how:
    1. Does your work benefit the environment in any way, or make better use of natural resources?
    2. Does it improve the wages or working conditions for US workers?
    3. What are the economic benefits of your work
    4. Does your work improve health care?
    5. Is your work requested by any US government agency? In what way?
    6. Does your work improve education and training program for US children and under-qualified workers
    7. Does your work provide more affordable housing for young and/or older, poorer US resident?
  • Curriculum Vita
  • Copy of Diploma
  • Copy of Passport of XXX
  • Copy of Visa information of XXX (I-94, H1-B)
  • Copy of Passport of Petition’s wife: XXX
  • Copy of Visa information of Petition’s wife: XXX(I-94, F-1)
  • Marriage Certificate
  • Exhibits, include but not limit to:
    1. Reference letters, see templates
    2. Copies of Award and Honors (all documents should be translated into English)
    3. List of patent, or pending patent, if any
    4. Proof of any U.S. government funding, such as funding code number
    5. Proof of any private funding, if any
    6. Copies of publications in full
    7. Copies of abstracts from academic conferences
    8. Copies of documentation indicating membership or affiliation to any professional organizations
    9. Copies of citations of your works found in other people’s articles or in citation index
    10. Any requests for reprint of your scholarly articles
    11. Any invitations for you to give lectures to become a reviewer of other researcher’s work
    12. Background information about the project you are undertaking and the discussion about its impact.  Journal and newspaper articles welcome piece of evidence to buttress your case
    13. Your company or university’s media kit or backgrounder
    14. Any job offers you received
    15. Any articles describing your research found in newspaper, academic journals, or website.
    16. Any email contact which can demonstrate your importance of work, for example, participate in national project, acknowledge of your work, etc.

    


如何准备国家利益豁免(NIW)的申请
  • Prepare personal statement
  • find people for reference
  • Prepare sample refernce letter
  • Collect support material
  • Prepare petition letter
  • Fill out forms and proof-reading
  • Assemble your application
  • Make a copy for EVERYTHING you send out
  • send out application with certificate mail
  • Once get the receipt, register at USCIS so get most recent update via email
  • Three possible
    1. Get approval letter
    2. Get RFE (request for evidence), then it may either approve or deny your case once receiving your response
    3. Get denial letter without RFE, this is very rare case

what is national interest waiver (NIW) ?
An alien may apply for permanent residence status (Green Card) and seek a waiver of the offer of employment by establishing that his (her) admission to permanent residence would be in the National Interest.

There is no rule or statutory standard as to what will qualify an alien for a National Interest Waiver. The USCIS considers each case on an individual basis. However, most application argue their qualification around the three-prong test set forth in Matter of New York State Dept. of Transportation (AAU, 1998):

a. The alien seeks employment in an area of substantial intrinsic merit.
The alien’s employment must be important to the national interests of the United States.  Additionally, the benefits of the alien’s employment should be immediately apparent to the national interest of the United States.

b. The benefits of the alien’s proposed employment must be national in scope. 
The alien’s employment may be limited to a particular geographic area.  However, the petitioner must establish that the alien’s employment would benefit other regions of the country as well. Moreover, there would be little or no adverse impact on the interests of other regions of the country.

c. It would be contrary to the national interest to potentially deprive the prospective employer of the alien’s service by making available to U.S. workers the position the alien seeks.  
There are three elements to this requirement:  a) the alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications; b) the alien is not seeking a national interest waiver based on a shortage of qualified workers in a given field, regardless of the nature of the occupation; c) the petitioner must establish the alien has a past record of specific prior achievement which justifies projections of future benefit to the national interest.


what is ER-750 ?
USCIS - "If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information."

How to find people for your reference ?
Your advisors, colleague, collaboration, friend from conferences, your advisor's friends...., not only referees' qualification will afffect your case, distribution also is very important. Try to find people from Academia, Industry, government, international instutute ....

Does publication/Abstract in Chinese help my case ?
yes, anything you done should be included in your application, with at least English abstract attached

How to notarize my document ?
One place you can notiarize your document is Band of America. It is free for BOA customer.

what is different between EB2-NIW and other EB2 ?
Non-NIW 职业移民三部曲
第一步骤──申请劳工卡(PERM),劳工部查核是否有聘请外籍劳工的必要。第二步骤──送交I-140 审核僱主营收状况,以証明有能力支付工资。第三步骤──送交I-485 移民身分调整,调查有无犯罪背景、逾期居留等,是职业移民的最后一关

How to answer the 3rd test: ?
(from xiaobaitu) 举例来说比如你研究的是一种治疗肿瘤的特效药物, 那么你所在的研究机构(大学或是医院),可以告诉移民局每年这种病在美国导致多少人死亡,多少人丧失工作能力,因此导 致多少损失。 那么如果你研制的新药在临床试验中可以提高这种肿瘤的治愈率50%,因此每年挽救的生命是多少,直接减少的损失折合是$XXX, 把这个数字乘以要办LC额外增加的时间, 就是因此对美国国家利益造成的直接损害的参考值。 另外如果因为LC的延误,可能直接导致该受益人退出该课题,因而有可能导致这个program延误N年,再乘以每年的损失,就是 可能对美国国家利益造成的损失的最大值

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