Provide evidence that the benefits of your proposed employment
will be nation in scope. Your employment
may be limited to a particular
geographic
area. However, you must establish benefit to more than one particular
region of the country. Moreover, there should be little or no adverse impact on the interests of other regions of the country.
1) Submit evidence that you seek employment
in an area of substantia
l intrinsic merit. Your employment
must be important to the national interests of the U.S. Additional
ly, the benefits of your employment
should be immediatel
y apparent to the national interests of the U.S.
2) Submit evidence related to your ability to perform the duties of the proposed employment
position. To be considered
in the national interest, you must make a showing significan
tly above that necessary to prove the prospectiv
e national benefit required of all aliens seeking to qualify as exceptiona
l. Exceptiona
l is defined under Service regulation
s as a degree of expertise significan
tly above that ordinarily
encountere
d in the sciences, arts, or business.
3) You must persuasive
ly demonstrat
e that the national interest would be adversely affected if a labor certificat
ion were required. You must demonstrat
e that it would be contrary to the national interest to potentiall
y deprive a prospectiv
e employer of your services by making available to U.S. workers the position you seek. If self-emplo
yed, you must also establish that the national interest would be adversely affected if a labor certificat
ion were required.
4) You must establish that you are not seeking a national interest waiver based on a shortage of qualified workers in a given field, regardless
of the nature of the occupation
. The NIW is not warranted solely for the purpose of ameliorati
ng a local labor shortage.
5) If you demonstrat
e that you hold a patent or are responsibl
e for an innovation
, then you must demonstrat
e that the specific innovation
serves the national interest.
6) You must establish that you have a past record of specific prior achievemen
t which justifies projection
s of future benefit to the national interest. You must establish,
in some capacity, your ability to serve the national interest to a substantia
lly greater extent than a majority of your colleagues
.
7) You must demonstrat
e to some degree, your influence on your field of employment
as a whole.
These standards are not codified, but represent the current standards by which the USCIS is adjudicati
ng these petitions.
For more informatio
n, please also see:
www.greenc
ardapply.c
om/niw.htm
www.greenc
ardapply.c
om/niw/niw
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