Very important ..please help!

[MP08]

Dear Rajiv,

I am a new user at this forum and had a quick question regarding GC application under NIW category.
I have masters and have been working with a non-profit as a volunteer from quite a sometime. I have helped in designing projects to improve the employment problems faced by the shleters in NYC.
I wanted to know if I can file for a GC under NIW category and also do I need a sponsor to do so or can I file on my own showing proper documentation of the work I am doing along with recomendations from my directors.

Thanks in advance for the help...!

MP

 

[Kariboo]

You can file a NIW case without sponsor. However from you short post I don't see how you would be eligible at the moment.

You would have to argue that:

an admission of an alien would be 'in the national interest', (I.E benefit the American economy. improve the working conditions and wages of U.S. workers. improve training and educational programs benefiting the U.S. under-qualified workers aNd children.
help create more affordable housing for the young, aged or poor U.S. residents.
improve the environment and lead to better usage of natural resources.)

The alien must meet one or more of the above criteria to be considered for NIW petition.

2) The following three factors are considered in determining whether an alien will substantially benefit the national interests of the United States:

1. Alien seeks work in an area of "substantial intrinsic merit".

2. Alien's work must have a benefit which will be "national in scope". In other words, alien's perspective contribution will provide benefits that impact on a national scale, rather than bring benefits to a limited region in the U.S.

3. Alien must "serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications".

NIW applicants establish themselves as having some unique and exceptional skill, experience, or knowledge that sets them apart from their professional peers. Documents stating that he/she possesses a certain level of competence is not sufficient to receive a NIW. Proficiency greater than mere competence is expected for seeking NIW.

National Interest Waiver cases require that the emphasis rest with the overall value and potential of the alien's individual contribution to the U.S. - not the fact that he/she is merely working in a field of high national interest. The alien must be a key or critical member of the team and the team function would be severely impacted without this member.

If you can argue convincingly that you are eligible based on the above mentioned criteria you can apply for a NIW