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.
It takes time to receive approval for an NIW. Processing times vary from case to case, but the usual range is around three to nine months. Those wishing to apply for an NIW should consult a competent immigration lawyer before filing the petition. 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 position, the adjudicator must thoroughly examine the applicant’s education, career history, and other factors to ensure that the merits are not diluted.
Premium processing options can reduce the time it takes to process NIW applications. 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.
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 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 for you to 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. In addition, you will 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.
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, niw 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.
In addition to reopening or reconsidering a case, you can also request expedited processing. This will speed up the whole 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 of confusion about motions and appeals. Motions are different than appeals, but the two are often used interchangeably. A motion is an argument that seeks to reverse or overturn a previous decision. An appeal, on the other hand, is a request for a higher level of decision making.
For foreign nationals: Requirements
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. Depending on 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. They are required to have proof of sufficient finances to support themselves during their studies. To find out more, visit the IND website.
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 during the course of your studies. 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. 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 O1 visa 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.
For people who will stay in the Netherlands for more than four months, they must get a Citizen Service Number. 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 wegreened 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.
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 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.
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 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.
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.” That means, the area in which the foreign national employee will be performing. 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. However, NIW requirements can be 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, the processing time for a NIW visa is about three to nine months. This visa is great if you don’t have a job but still want to reside in the United States.