Hello everyone,
I am preparing a NIW application, and I am feeling very difficult to address the "waiver of labor certification" issue since I am working in a company. Here is what I have written in the cover letter to address this. Your comments and suggestions will be appreciated.
"In the U.S., there is no shortage of labor in my field of endeavor. This is clearly confirmed by two independent references: Dr. XXX, and Dr. XXX, as well as two senior managers in my company: Dr. XXX, and Mr. XXX, in their testimonial letters. They are particularly qualified for making this judgment because they are all senior managers/officers in charge of hiring new workers.
Since the labor certification was designed to test that qualified U.S. workers are not available for the employment offered to the alien who seeks a permanent residency, it would be very likely that I cannot obtain an immigration visa through the labor certification process. This is because that a job posting for labor certification is not permitted to set exceptional capability as a requirement for a job position. Instead, minimum qualification for a position must be used as the job requirement. Since there is no labor shortage in my field, it would be very easy to find many applicants who meet the minimum qualifications for my position. As shown above, what sets me apart from other qualified U.S. workers is my exceptional capability for making unique contributions to the national interest. Therefore, by requiring a labor certification for me is likely to result in the deprivation of my opportunity to continue my more significant and unique contributions to the national interest of the U.S. Consequently, the national interest would be adversely affected."
I am preparing a NIW application, and I am feeling very difficult to address the "waiver of labor certification" issue since I am working in a company. Here is what I have written in the cover letter to address this. Your comments and suggestions will be appreciated.
"In the U.S., there is no shortage of labor in my field of endeavor. This is clearly confirmed by two independent references: Dr. XXX, and Dr. XXX, as well as two senior managers in my company: Dr. XXX, and Mr. XXX, in their testimonial letters. They are particularly qualified for making this judgment because they are all senior managers/officers in charge of hiring new workers.
Since the labor certification was designed to test that qualified U.S. workers are not available for the employment offered to the alien who seeks a permanent residency, it would be very likely that I cannot obtain an immigration visa through the labor certification process. This is because that a job posting for labor certification is not permitted to set exceptional capability as a requirement for a job position. Instead, minimum qualification for a position must be used as the job requirement. Since there is no labor shortage in my field, it would be very easy to find many applicants who meet the minimum qualifications for my position. As shown above, what sets me apart from other qualified U.S. workers is my exceptional capability for making unique contributions to the national interest. Therefore, by requiring a labor certification for me is likely to result in the deprivation of my opportunity to continue my more significant and unique contributions to the national interest of the U.S. Consequently, the national interest would be adversely affected."