What Is the National Interest Waiver (NIW)?
The National Interest Waiver (or NIW) is an exemption from labor certification 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. The type of petition and the evidence submitted will have an impact on the processing time. 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 speeds up the visa application by reducing it to just fifteen days. However, premium processing is more costly. It does however save applicants months of waiting.
The average processing time is also dependent on the type of national interest waiver the applicant is seeking. A successful EB-2 NIW green card may take 18 months without the premium processing option.
The applicant must have a novel idea that could benefit the United States long-term in order to be eligible for NIW. The candidate must also be able show that the nation needs his or her services.
Another requirement is that the alien must be a well-placed foreign national with relevant skills. 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.
The “most important” factor in obtaining an NIW is a compelling petition. Ideally, this should be accompanied by a solid plan for success, including a quantifiable measure of the economic impact of the proposed endeavor. 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 matter
You might consider reopening your case if you have been denied immigration relief. This will allow for you to wegreened present new information or documentary evidence to the Immigration Judge (IJ), which will change the final decision. This motion is subject to certain restrictions.
Reopening or reconsidering a NIW matter is only possible if you follow the correct procedure. To file a motion, you will need to pay a fee. You will also need to include a brief. A brief is an additional document that can increase your chances of reopening the case.
The most obvious way to reopen or reconsider a NIW case is to provide new documentary evidence and affidavits to the IJ. This can be done with a joint motion, if your attorney agrees to do so. However, a motion must be filed within a certain time.
Your motion must be submitted within 90 days of the final denial. The Adjudication Administrative Office will then review your motion. If the AAO deems your motion worthy, it will notify you of its new decision.
It is also niw possible for the AAO to grant or deny your motion. The AAO will not reconsider your case if the new evidence doesn’t change the outcome. The AAO can reopen your case if the new facts are compelling.
You can request expedited processing. This will speed up the entire process.
When reopening or reconsidering an immigration case, one thing you should remember is that you must show that you have new, relevant and credible evidence. You can’t simply re-present evidence that was previously provided. Instead, you must establish that the original case hearing was incomplete.
There is a lot confusion around appeals and motions. Although appeals and motions are distinct, they are often used interchangeably. A motion is an argument to overturn or reverse a previous decision. An appeal, on the other hand, is a request for a higher level of decision making.
Requirements for foreign nationals
When you want to study or work in the Netherlands, you need to know how to apply for a work permit and a residence permit. There are different requirements depending on your nationality. There are also special categories of workers that don’t require a work permit or residence permit.
Students from countries other than the EU/EFTA might need a student visa. They are required to have proof of sufficient finances to support themselves during their studies. You can check the IND website to see what the requirements are.
If you’re coming to study in the Netherlands, you will need to apply for a student residence permit. A student residence permit is valid for the duration of your course. You will also need to register with your local authority records database.
If you’re staying in the Netherlands for longer than three months, you will need to exchange your MVV for a residence permit. You should also inform the IND of any changes to your studies within four weeks.
A work permit will be required for foreign citizens working in countries other than the EEA and Switzerland. This will be done through 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. However, if they are employed through a company, they must have a TWV.
A Citizen Service Number is required for anyone who plans to stay in the Netherlands longer than four months. This number is like a tax number and is necessary for some daily activities. The IND must decide on your application within 90 days.
Employers in the Netherlands must follow the guidelines set by the Foreign Nationals Employment Act, or Wav. Employers are required to ensure that they recruit carefully under this law. As well, employers must be responsible for the return of foreign nationals.
During your stay, you must comply with the terms of your employment. Moreover, you must not violate any laws. These requirements are in place to protect both the employer’s and employee’s interests O1 visa.
Labor certification by PERM
Labor certification is an essential step in obtaining an employment-based Green Card. It shows the Department of Labor that an employer is willing and able to pay the prevailing wages and that the hiring of a foreign national worker will not cause harm to the local labor market.
The process of obtaining a labor certification PERM can take up 18 months for some jobs. The actual timeframe may vary depending on the case. It is a good idea, in any case, to seek the advice of an experienced immigration attorney.
The first step in obtaining a labor certification is to apply with the Department of Labor. This is done using the form I-140, which is accompanied by 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. You must offer a wage that is higher than the prevailing wage in the field you are recruiting during the recruitment period.
When you are recruiting, it is important to follow the PERM labor certificate rules. A PERM labor certification is valid for the “area of intended employment.” This is the area where the foreign national worker will be working. If the employee will be working outside the area of the intended employment, a new PERM application must be filed.
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. But, NIW requirements are 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 speaking, the processing time for a NIW Visa takes between three and nine months. This visa is great if you don’t have a job but still want to reside in the United States.