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 of the requirement for a job offer, which can often be a requirement for other types of employment-based visas.
It takes time to receive approval for an NIW. The processing times for an NIW vary from one case to the next, but they are usually between three and 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. If the petitioner is seeking an academic wegreened position, the adjudicator must thoroughly examine the applicant’s education, career history, and other factors to ensure that the merits are not 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 requested by the applicant will also affect the average processing time. Without the premium processing option, an EB-2 NIW greencard can take up to 18 months to process.
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. In addition, the candidate must be able to demonstrate that the nation is in need of his or her services.
Other requirements include that the alien be a well-positioned foreign national with relevant skills and benefits. These can be demonstrated by becoming a member or practicing in the United States.
The “most important” factor in obtaining an NIW is a compelling petition. 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 all the potential pitfalls of the NIW process there are still cases where a candidate will be approved. A candidate with a strong merit may be eligible to receive a green card sooner than anticipated.
Reopening or reconsidering a NIW case
When you’ve been denied immigration relief, you might want to consider reopening your case. 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. To file a motion, you will need to pay a fee. 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. However, a motion must be filed within a certain time.
You must submit your motion within 90 days of the final order denying your case. 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 possible for the AAO to grant or deny your motion. For example, if the new evidence does not change the outcome of your case, the AAO will not reconsider. The AAO can reopen your case if the new facts are compelling.
You can request expedited processing. This will speed up the whole 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 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, niw on the other hand, is a request for a higher level of decision making.
For foreign nationals: Requirements
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 O1 visa your nationality, you will have different requirements. You may not need a residence permit or work permit for certain workers.
Students from countries other than the EU/EFTA might need a student visa. Students from countries outside the EU/EFTA must show proof of sufficient financial resources to support themselves during their studies. You can check the IND website to see what the requirements are.
You will need a student residence permit if you plan to study in the Netherlands. A student residence permit is valid for the duration of your course. In addition to this, you will need to register with the 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. It’s also important to inform the IND about any changes to your study plans 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).
A work permit is not required for citizens of the European Union or the European Free Trade Association unless they are employed by a company through a temporary employment agent. 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 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 are required to follow the Foreign Nationals Employment Act (Wav) guidelines. Employers are required to ensure that they recruit carefully under this law. Employers must also be responsible for the return and security of foreign nationals.
During your stay, you must comply with the terms of your employment. You must also comply with all laws. These requirements are in place to protect both the employer’s and employee’s interests.
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.
For some jobs, the process of obtaining a PERM labor certification can take up to 18 months. However, on a case by case basis, the duration may be shorter. In any case, it is a good idea to get help from an experienced immigration attorney.
Applying to the Department of Labor is the first step to obtaining a labor certificate. 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 ensure that you comply with all laws. You must offer a wage that is higher than the prevailing wage in the field you are recruiting during the recruitment period.
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 bypass the labor certification process and allow you to 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. In addition, you must provide proof that you will benefit the U.S., either by accumulating accomplishments during the waiting period or by helping the country.
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.