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 wegreened attorney will help the applicant understand the different green card options available.
There are many factors that can 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 expedites the visa application to fifteen days. Premium processing is however more expensive. It does however save applicants months of waiting.
The type of waiver 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.
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.
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.
A compelling petition is the «most important» factor for obtaining a NIW. 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 best choice, the applicant may consider downgrading to a second preference green card.
Despite all the potential pitfalls of the NIW process there are still cases where a candidate will be approved. 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 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 a supplemental document that can help improve 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. If your attorney agrees, you can file a joint motion. But remember, there is a time limit to filing a motion.
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 it deems it worthy, the AAO will notify you of the new decision.
The AAO can 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 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. You must prove that the original case hearing was not complete.
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. 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
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. 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. 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.
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 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 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. This law requires employers to follow a careful recruitment process. 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 the interests of both the employer and the employee.
Labor certification by PERM
Labor certification is a critical step in obtaining an employment-based green card. It demonstrates to the Department of Labor that an niw 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 O1 visa 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 using the form I-140, which is accompanied by ETA Form 9089. Once this is completed, the application can be submitted to the DOL by mail or online.
When you’re ready to apply, you must give notice to your employees. 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.
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 you to prove that you have the ability to perform the duties of the 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 is a great option if you don’t have a job, but you still want to live in the United States.