NIW Criteria

rajus

Registered Users (C)
Can i apply for eb1 or niw

Hi,
Iam raj mani,Iam a film maker.I wrote ,produced and directed five short movies.I also made one full length feature film.I have also acted,assisted,directed in few other movies.

In addition to that,Iam dancer,Kuchipudi as well western dancer.Performed in numerous events.Iam also a part time musician and a software engineer.I won few awards.

Iam looking to apply for NIW-eb2 category or eb1.Whichever category I fit for,I request you to please let me know what documents should I submit and also other required details.

regards
raj
 

GC-Hopes

Registered Users (C)
See the requirements for performers/talented artists. This forum, in my opinion, can be of little help to folks outside the realm of science and technology for EB1A/B and EB2-NIW applications.

As for documents, there are no set requirements except you need to submit the I-140. See NSC Agony's reply above for the link to get this form.

Also, I would think that you should be able to produce documents such as receipts of your shows, evidence on your film's circulation/number of prints sold etc. Again, I'm not an attorney, so I would suggest consulting one.
 

sub.workes

New Member
Hi,
Further complicating the evaluation of new media achievements is the fact that they are often interdisciplinary, as reflected by the current University of Maine New Media faculty, whose backgrounds range from engineering to computer science to fine art to photojournalism to literature. For example, while art professors typically divide clearly into critical (Art History) and creative (Studio Art) faculties, new media's brief history often requires its practitioners to develop a critical context for their own creative work.
 

Boody2005

New Member
Hi All,

I would like the outline of the cover letter for the NIW application, I appreciate if you give me help
Ahmed
 

jazzi be

Registered Users (C)
These labels placed on historical figures are completely unsubstantiated and have no true value. If you look at the current manual used for diagnosis under the auspises of the APA (American Psychological Association) the DSM IV-TR there is a statement which says that the labels or diaqnoses noted in the manual are purely a form of short hand for mental health professionals and may descibe a group of behaviors which are consistent with a person with a mental disorder. It further states that the diagnosis can only be made after counseling and evaluation by the mental health provider. As no mental health provider can observe, speak with or in anyway directly evaluate any person who is deceased, any opinion of their behavior has no value, it is purely based on anecdotal stories from biographies and historical records. As we have seen many times over the years, biographies vary wildly depending on who writes them, and history is often revised to meet the needs of the writers of the history at the time. Taking your final example as a study we can note that the four gospels do not completely agree. They have similar themes and significant consistencies, but are not exact. So no evaluation is possible.
 

Shenai

Registered Users (C)
EB-2 National Interest Waiver: What Constitutes National Interest?

I found this article mentions in detail about National Interest Waiver (NIW).
Hopefully it will be helpful.

EB-2 National Interest Waiver: What Constitutes National Interest?

by Victoria Chen, Esq., J.D. 04/02/2011

Generally, application of second preference of employment-based immigrant visa, unlike first preference, requires a specific job offer and labor certification. However, a foreign person may seek a waiver of the offer of employment by establishing that his admission to permanent residence would be in the “national interest “.

What is “National Interest“ ? The Standard of Law is Unclear
The Immigration Act of 1990 states that the standards for national interest waiver under the Eb-2 category are “significantly above that necessary to prove prospective national benefit “. However, the regulations provide no further explanation of what standards are necessary to qualify for a national interest waiver. In contrast to the regulatory formulations provided in other areas of employment-based immigration, in which USCIS has increasingly favored a checklist approach, the national interest area is devoid of checklists. USCIS believes it appropriate to leave the application of this test as flexible as possible although clearly an alien seeking to meet the standard must make a showing significantly above that necessary to prove “prospective national benefit. “ The burden will rest with the applicant to establish that exemption from or waiver of the job offer will be in the national interest. Each case will be judged on its own merits.

Recent Trends of Approved Cases
A substantial amount of case law from AAO (Administrative Appeal Office) decisions has provided guidance of some trends:

A. Higher Approval Rate for Science Field Generally, a higher approval rate is found for scientific occupations and a lower approval rate for social science applications and varying results with business applications and those for aliens in the arts.

B. Recommendation letters from Government Officials Helps Substantially: As suggested by the INS (now the USCIS) in its regulations, letters from government officials and agencies attesting to the national interests which will be served by the alien's permanent residence will greatly increase the chances of success in a national interest waiver case.

Conclusion from Opinions and Decisions
The range of cases and decisions indicates that the government requires a fairly direct benefit to the community-at-large before it will agree that a job is in the national interest. A job, for instance, that consists of basic research in attempting to find a cure for AIDS virus will satisfy this requirement. A job that results in the rescue of a company from bankruptcy and that saves dozens of other jobs will also meet the burden. Factors that have been considered in successful cases include:

A. The foreign person's admission will improve the U.S. economy.

B. The foreign persons' admission will improve wages and working conditions of U.S. workers.

C. The foreign persons' admission will provide more affordable housing for young, aged, or poor U.S. residents.

D. The foreign persons' admission will improve the U.S. environment and lead to more productive use of the national resources.

E. The foreign persons' admission is requested by an interested U.S. government agency.

These factors should not be considered exhaustive. For instance, cultural benefit is not listed, but it has been considered favorably for cases involving the arts. Applying these criteria, or variations involving other factors such as cultural enrichment, the Service Centers have found national interest in an array of occupations, including: corporate vice-president (in a paper-recycling company); computer programmer (of computer programs that locate disposal sites for radioactive waste); anthropology professor (specializing in the cocaine-producing region of Peru, knowledge of which is necessary to U.S. drug interdiction efforts); and mall general manager (of a new shopping mall that local government officials believed vital to local economic well-being).

To conclude, it might be confusing that the law and USCIS regulations have not been specifically provide a clear definition or checklist for national interest waiver. However, it can benefit petitioners who are creative about their theories concerning national interest and are able to submit substantial evidence to satisfy the burden of proof.

Leading NIW Precedent (NYDOT case)

In 1998, the legacy INS designated its first precedent decision discussing the standards governing national interest waiver (NIW) requests in In re New York State Department of Transportation (NYDOT). The decision established stricter standards for obtaining NIWs than those applicable in the past. The AAO (Administrative Appeal Office) held that three factors must be considered when evaluating a request for a NIW:

A.Area of Substantial Intrinsic Merit

B.Proposed Benefit of National Scope

C.Significant Benefit in the National Interest Field

A. Area of Substantial Intrinsic Merit:
First, the petitioner must establish that the foreign national's proposed employment is in an area of substantial intrinsic merit. The importance of the occupation or the field of endeavor must be established as a threshold requirement. The AAO cases demonstrate that as long as a particular field of endeavor is related to an important national goal, this requirement is satisfied. So this requirement has not been difficult to meet.

B. Proposed Benefit of National Scope:
Second, it must be shown that the proposed benefit will be national in scope. The emphasis of this factor is on the existence of a national goal that the applicant's proposed undertaking will promote. Merely serving a regional, local, or private interest is not sufficient. The correlation between the national goal and the applicant's activity need not be direct, however. Almost any economic activity, even if essentially local in nature, would seem to tie into the national economic network and therefore could be said to further the national interest.

The example of work on one state's road and bridge infrastructure in the precedent decision lends support to this view. Further support for this view was that INS statements after NYDOT indicating that it did not expect or want extensive documentation regarding the national interest in a particular activity; a fairly simple affirmation and explanation of the national interest would suffice.

The AAO decisions after NYDOT indicate that there are activities that are insufficiently national in scope, such as the services of teachers, pro bono attorneys, and gourmet chefs. The activities of these occupations are so removed from national goals that their impact on a national level is negligible.

C. Significant Benefit in the “National Interest “ Field:
Finally, it must be established that the “significant“ benefit derived from this particular foreign person's participation in the “national interest “ field of endeavor “considerably“ outweighs the “inherent“ national interest in protecting U.S. workers through the labor certification process. This standard sets up a balancing of interests, with the national interest in the labor certification process weighing in on one side as a strong adverse factor in granting the NIW. The applicant or his or her employer must present strong countervailing evidence to show that the benefit of the applicant's skills and backgrounds considerably outweigh the national interest in the labor certification process.

The AAO has stated that the third prong can be satisfied if the applicant would serve the national interest “to a substantially greater degree than would an available U.S. worker having the same minimal qualifications.“ The petitioner must demonstrate the service to the national interest by a record of achievements “with some degree of influence on the field as a whole.“

In determining whether the petitioner has satisfied the third prong of the NYDOT standard, post-NYDOT decisions have considered several factors:

the foreign national's standing in the field
the minimum education, experience and training required to perform the services in question
the qualify of the evidence
self-employment; and
labor certification delays; and
the employer's unsuccessful recruitment efforts

More information are available at We Greened Dot Com

• What is Two-step Analysis for EB1-A and NIW Petitions? Using EB1-A as an Example(05/26/2011)

• Major Internationally Recognized Prize or Lesser Nationally or Internationally Recognized Prizes: About the Prizes in NIW, EB1-A, and EB1-B peition(05/11/2011)
 
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