What Is the National Interest Waiver (NIW)?
The National Interest Waiver, or NIW, is an exemption from the labor certification process for exceptional ability workers and advanced degree workers. It also exempts foreign nationals from the requirement of a job offer, which is often a requirement of other types of employment-based visas.
Approval for a NIW takes time. Processing times vary from case to case, but the usual range is around three to nine months. Before applying for an NIW, applicants should consult a qualified immigration lawyer. An attorney can help applicants understand the various green card options.
There are various factors that will impact the processing time. These include the type of petition filed and the type of evidence presented. For instance, if the petitioner is pursuing an academic position, the adjudicator will need to thoroughly investigate the applicant’s education and career background to make sure that the merits of the endeavor aren’t diluted.
The NIW processing time can be greatly reduced by utilizing the premium processing option. This expedites the visa application to fifteen days. Premium processing is however more expensive. Nonetheless, it does save the applicant months of waiting.
The type of waiver wegreened requested by the applicant will also affect the average processing time. A successful EB-2 NIW green card may take 18 months without the premium processing option.
To qualify for a NIW, the applicant must have an innovative idea that has the potential to benefit the United States in the long run. The candidate must also be able show that the nation needs his or her services.
Other requirements include that the alien be a well-positioned foreign national with relevant skills and benefits. Some of these can be demonstrated by being a member of a professional organization, demonstrating membership in a relevant industry, or gaining some level of practical work experience in the United States.
A compelling petition is the «most important» factor for obtaining a NIW. This should be accompanied by a plan for success that includes a quantifiable measure to assess the economic impact of the proposed venture. If the NIW petition isn’t the right choice, the applicant might consider applying for a second preference greencard.
Despite the many possible pitfalls associated with the NIW process, there are still some cases in which a candidate will receive approval. Moreover, if the applicant has a well-positioned merit, he or she may be able to obtain a green card sooner than expected.
Reopening or reconsidering a NIW case
You might consider reopening your case if you have been denied immigration relief. This will allow you to present new information and documentary evidence to the Immigration Judge (IJ) that will change the final decision. However, there are some restrictions to filing this motion.
The most important part of reopening or reconsidering a NIW case is that you must follow the correct process. You must file a motion, and you must pay a fee to do so. In addition, you will need to include a brief. A brief is an additional document that can increase your chances of reopening the case.
Reopening or reconsidering a NIW case requires that you provide new documentary evidence and affidavits. If your attorney agrees, you can file a joint motion. But remember, there is a time limit to filing a motion.
Your motion must be submitted within 90 days of the final denial. After that, the Adjudication Administrative Office (AAO) will review your motion. If it deems it worthy, the AAO will notify you of the new decision.
The AAO can grant or deny your motion. The AAO will not reconsider your case if the new evidence doesn’t change the outcome. Nonetheless, if the new facts are compelling, the AAO may reopen your case.
In addition to reopening or reconsidering a case, you can also request expedited processing. This will speed up the entire process.
One important thing to keep in mind when reopening or reconsidering a immigration case is that you must prove that you have new, relevant, and credible evidence. You cannot simply re-present evidence you have already presented. Instead, you must establish that the original case hearing was incomplete.
There is a lot confusion around appeals and motions. Motions are different than appeals, but the two are often used interchangeably. A motion is an argument to overturn or reverse a previous decision. A motion is an argument that seeks to reverse or overturn a previous decision. An appeal is a request for a higher degree of decision-making.
Requirements for foreign nationals
You will need to learn how to apply for a residence permit and a work permit if you plan to study or work in the Netherlands. Depending on your nationality, you will have different requirements. There are also special categories of workers that don’t require a work permit or residence permit.
Students from countries outside the EU/EFTA may need a student visa. They are required to have proof of sufficient finances to support themselves during their studies. To find out more, visit the IND website.
You will need a student residence permit if you plan to study in the Netherlands. A student residence permit is valid during the course of your studies. You will also need to register with your local authority records database.
If you are staying in the Netherlands for more than three months, your MVV will need to be exchanged for a residence permit. It’s also important to inform the IND about any changes to your study plans within four weeks.
Foreign citizen workers from countries other than the EEA or Switzerland will need to obtain a work permit. This will be done through the UWV (Employment Insurance Agency).
Citizens of the European Union and the European Free Trade Association do not need a work permit unless they are hired by a company through a temporary employment agency. If they are employed by a company, however, they will need a TWV.
A Citizen Service Number is required for anyone who plans to stay in the Netherlands longer than four months. This number acts as a tax number and is required for certain daily activities. Within 90 days, the IND must approve or deny your application.
Employers in the Netherlands are required to follow the Foreign Nationals Employment Act (Wav) guidelines. This law requires employers to follow a careful recruitment process. As well, employers must be responsible for the return of foreign nationals.
You must follow the terms of your employment during your stay. Moreover, you must not violate any laws. These requirements are in place to protect both the employer’s and employee’s interests.
PERM labor certification
Labor certification is an essential step in obtaining an employment-based Green Card. It demonstrates O1 visa to the Department of Labor that an employer is willing to pay prevailing wages and that the hire of a foreign national employee will not harm the local labor market.
The process of obtaining a labor certification PERM can take up 18 months for some jobs. However, on a case by case basis, the duration may be shorter. It is a good idea, in any case, to seek the advice of an experienced immigration attorney niw.
The first step in obtaining a labor certification is to apply with the Department of Labor. This is done by filling out the form I-140. It is accompanied with ETA Form 9089. Once you have completed the form, you can submit the application to the DOL online or by mail.
You must notify your employees when you are ready to apply. You must also make sure that you follow all of the law. During the recruitment period, you must offer a wage above the prevailing wage for the specific field you are recruiting in.
While you are recruiting, you must follow the PERM labor certification rules. A PERM labor certificate is valid for the «area in which the foreign national will be employed.» That means, the area in which the foreign national employee will be performing. A new PERM application is required if the employee will work outside of the area where they are intended to be employed.
Another way to skirt around the labor certification requirement is to file a National Interest Waiver (NIW). NIW allows you to bypass the labor certification process and work without your employer. However, NIW requirements can be difficult to meet.
NIW requires that you prove your ability to perform the duties of this position. You must also prove that you will benefit the U.S. by accumulating accomplishments or helping the country during the waiting period.
Generally, the processing time for a NIW visa is about three to nine months. This is a great option if you don’t have a job, but you still want to live in the United States.