I am looking to file for my NIW. I have all my education upto Phd in chemical engineering from the US. At present I am working as research engineer.
I wanted to know if I can file sucessfully and how long would it take.
I recommend that you consult with an immigration attorney so that they can review your credentials and advise on the viability of your particular case.
For a National Interest Waiver (NIW) application,you need to present convincing arguments, supported by persuasive evidence, showing that your employment is in an area of substantial intrinsic merit and in the national interest; that the scope of your work is national in impact (for the U.S.); and, that the U.S. national interest would be better served by your permanent presence here than it would be by reserving your job opportunity for an American worker.
Keep in mind that the sciences have as their underlying goal, a search to understand and better humanity. For the NIW to work, you cannot just claim that you are engaged in important research that has national interest, because all scientists can make that claim. You must be able to show how your past or current research specifically impacts the national interest such that it merits a waiver of the job offer and labor certification requirements. You must show that your research is so critical such that making you go through a labor certification would adversely affect the national interest of the U.S. You must also show that your individual record serves the national interest to a substantially greater degree than the majority of your colleagues. You must be able to show that you are so critical to a project that it could not go forward without you and that a U.S. worker could not do what you do. USCIS will not grant a waiver to seek undiscovered solutions, regardless of whether the area is a "hot" topic or not.
Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | firstname.lastname@example.org | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City
This message is provided for general informational use only and is not specific legal advice. This communication does not create an attorney-client relationship.
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