NIW 国家利益豁免: USCIS Rules For National Interest Waiver Applicatio
n
A person qualifies for this benefit if he/she falls within the second preference
employment
based category, namely a person in the profession
s who either holds an advanced degree or is considered
possessing
exceptiona
l ability in the sciences, business or arts.
While the Bureau of Citizenshi
p and Immigratio
n Services has not establishe
d specific criteria for approving NIW petitions,
many examiners rely on a decision in a case decided a few years ago. In that case, the USCIS Administra
tive Appeals Unit suggested that the following seven factors could be taken into considerat
ion:
1. improving the U.S. economy;
2. improving wages and working conditions
of U.S. workers;
3. improving education and training programs for U.S. children and under-qual
ified workers;
4. improving health care;
5. providing more affordable
housing for young and/or older, poorer U.S. residents;
6. improving the environmen
t of the U.S. and making more productive
use of natural resources;
7. a request from an interested
U.S. government
agency or improving internatio
nal cultural understand
ing
In addition, there are a number of rules that the USCIS regularly employs in the adjudicati
on of the NIW petition.
The alien must have at least two years experience
in the area in which he/she will benefit the United States. The USCIS looks at this very closely to determine if the alien has a serious commitment
to the activity which promotes the national interest.
The National Interest Waiver may not be based solely on the alien’s ability to alleviate a local labor shortage. The USCIS has determined
that granting the National Interest Waiver for this reason would be unnecessar
y since the Labor Certificat
ion is employed to determine if a labor shortage exists and then allow a vacant position to be filled. Therefore,
a petition that is based solely on the fact that the alien will ameliorate
a labor shortage will be denied.
The alien must be involved in an undertakin
g that will substantia
lly benefit the United States. The alien must play a significan
t role in the undertakin
g, and must not be simply a minor constituen
t who took part thereof.
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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