Можно на английском? Это цитаты от очень хороших юристов:
Under the “National Interest Waiver” (NIW) provision for EB-2, an individual may seek a waiver of the otherwise required offer of employment –and thus corresponding labor certification- by establishing that his/her admission to permanent residency would be in the so-called “national interest”. As a result, this means that potential beneficiaries can petition on their own behalf. However, because of the heightened evidentiary standard a petitioner must meet, the NIW requires more than a regular EB-2 petition.
The Immigration Act of 1990 states that the standards for a national interest waiver under the EB-2 category are “significantly above that necessary to prove prospective national benefit”.
Other than that, the law does not indicate specifically what counts for National Interest. USCIS believes it appropriate to leave the application of this test as flexible as possible. The burden of proof will rest with the foreign national to establish that exemption from or waiver of the job offer will be in the national interest. Each case will be judged on its own merits.
The range of cases and decisions indicates that the government requires a fairly direct benefit to the community-at-large before it will agree that a job is in the national interest. Factors that have been considered in successful cases include:
- The foreign person’s admission will improve the U.S. economy.
- The foreign person’s admission will improve wages and working conditions of U.S. workers.
- The foreign person’s admission will provide more affordable housing for young, aged, or poor U.S. residents.
- The foreign person’s admission will improve the U.S. environment and lead to more productive use of the national resources.
- The foreign person’s admission is requested by an interested U.S. government agency.
Three factors must be considered when evaluating a request for a NIW.
- Area of Substantial Intrinsic Merit
- Proposed Benefit of National Scope
- National Interest of the United States
- The first prong is arguably the easiest to satisfy of the three prongs introduced above. In order to demonstrate Substantial Intrinsic Merit, it must be shown that the field of endeavor is related to an important national goal and that the work is beneficial to the United States. Examples of such “national goals” could include improving the health, safety, the economy, the environment, education, or the arts. It is important to note that substantial intrinsic merit is not limited to only fields of scientific research, but can be demonstrated for almost any field, including but not limited to the arts, social sciences, and business.
Evidence: In order to support the argument that your work is of substantial intrinsic merit, one must submit evidentiary documents explaining in simple terms why your work is important and what are the practical applications or benefits of that work to the U.S. Letters of recommendation from experts in the field explaining your research and its implications and significance to the United States are suitable evidence in addition to any other publications or reports detailing the significance of your field and the benefits of such work to the United States.
- The second prong requires that your work be National in Scope. That is, the benefits of your work cannot be limited to one particular geographical region. This is relatively easy to demonstrate when one considers trying to relate their work to a particular national goal. For instance, a physician working in one hospital may appear to only be benefiting the geographical region that the particular hospital serves. However, the physician can demonstrate that they are benefiting the nation as a whole through the dissemination of their research publications, or through the development of new procedures or techniques that are implemented in hospitals outside of their geographic region. It is generally easy to demonstrate that most types of scientific research have benefits that are national in scope, as scientific advancement in a particular area can easily be tied to a specific national goal such as healthcare or safety. However, we are also experienced and have had much success in demonstrating the national benefits of those involved in more unusual or unique fields, including but not limited to musicians, artists, economists, and web-developers.
Evidence: In addition to explaining how your work benefits the nation as a whole or is tied to a national goal, other forms of evidence can provide more support for these arguments.
A. Government funding: any instances of your work being funded by the U.S. government can easily substantiate the claim that your work has benefits to the U.S. as a whole
B. Citations: not only can citations show the impact your work has had on the field, they can also demonstrate that your work is being implemented and utilized by researchers around the nation, and therefore benefiting the nation as a whole
C. Letters of recommendation: letters of recommendation can provide statements explaining the national benefits of your work, as well as provide examples of how your work is being implemented or impacting different geographic regions
- The third prong is generally the most difficult to satisfy, and is the key to successful NIW (National Interest Waiver) approval. It must be proven that the benefit of the alien’s participation in the field of endeavor outweighs the national interest of protecting U.S. workers present in the labor certification process.
“The petitioner seeking the waiver must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required for the alien. The petitioner must demonstrate that it would be contrary to the national interest to potentially deprive the prospective employer of the services of the alien by making available to U.S. workers the position sought by the alien. The labor certification process exists because protecting the jobs and job opportunities of U.S. workers having the same objective minimum qualifications as an alien seeking employment is in the national interest. An alien seeking an exemption from this process must present a national benefit so great as to outweigh the national interest inherent in the labor certification process.”
Evidence: In addition to making sound structural arguments that the alien has met the requirements, evidence must be submitted to substantiate these claims. It is not enough to merely state the alien has impacted their field to a greater extent than their peers, but one must provide documentary evidence demonstrating how the alien has done so. We are experts at forming strong arguments to address each of the necessary requirements of the “national interest” prong, as well as compiling sound evidentiary support for each of the claims that we make. It is useful to consider the criteria for EB-1A (Alien of Extraordinary Ability) when compiling evidence in support of the third prong. While the standard of law is much higher for EB-1A (Alien of Extraordinary Ability) and the evidentiary requirements are thus much stricter, the EB-1A (Alien of Extraordinary Ability) criteria can provide a good idea of what types of evidence can establish the alien’s past record of achievement as well as influence on their field.
Below is a list of evidence commonly included with our EB-2 NIW (National Interest Waiver) petitions, as well as explanations for how each type of evidence can satisfy the requirements for NIW (National Interest Waiver).
A. Publications & Citation Records (including journal articles, book chapters, and books): A complete publication record should be included with the petition in order to demonstrate the alien’s past record of scientific achievement. Publication alone, however, will not demonstrate the alien’s influence in the field. The publication record should be accompanied with a citation record in order to demonstrate the influence of the alien’s work on the field, and show that the work is being utilized by other researchers in the field. Additionally, journal impact factors and average citation records for the field can be used to show that the alien has a degree of influence above that of the average researcher in the field. It should be noted that there is no “magic number” of citations that will guarantee NIW (National Interest Waiver) approval, and there are many strategies that can be used to offset a low citation record.
B. Letters of Recommendation: Letters of recommendation are a crucial aspect of the NIW (National Interest Waiver) petition. Independent letters of recommendation (from those who have never worked or studied with you, collaborated with you, or advised your work), will carry much more weight with the USCIS than letters from dependent recommenders, and this should be taken into consideration when selecting recommenders. Letters of recommendation should discuss your research contributions and their significance in layman’s terms, and also comment directly on the benefit of your work to the United States. Letters of recommendation are also a great opportunity to demonstrate the implementation of one’s work. A letter of recommendation from someone who has utilized your work, and can explain how they have done so in the letter, is a great way to strengthen your case. As part of our service, we will draft all of the recommendation letters for you. We will advise you closely on appropriate recommender selection, and how many letters should be drafted for your case. We set out a clear strategy when drafting the recommendation letters to ensure that the letters contain all of the necessary statements to substantiate the claims we have made in the petition. Lastly, we never rely on templates to draft the letters, and instead tailor each letter to your individual needs and unique case strategy.
C. Evidence of Influence: In order to demonstrate the degree of influence you have had on your field, it is essential to highlight any instances of the application or utilization of your work. Citations are a great way to demonstrate this, but other evidence can be used as well including letters of recommendation, patents commercialization, contracts, and article downloads. The petition should highlight as many instances of implementation as possible and provide documentary evidence to support each instance.
In sum, a variety of evidence should be presented to demonstrate how the alien qualifies for a National Interest Waiver. It is not sufficient, however, to simply list the alien’s achievements. A holistic approach must be taken to ensure that all together, the petition, letters of recommendation, and supporting evidence will prove that the alien is qualified for a National Interest Waiver. This is our goal at North America Immigration Law Group, and by keeping the requirements of the three-prong test in mind at every step of case preparation, we can ensure that your petition will address all of the necessary aspects of the National Interest Waiver requirements.