How to increase the success rate of NIW permanent residency

Due to recent immigration policy changes, it has become unprecedentedly difficult to obtain a green card through the National Interest Waiver (NIW) program.
Submitting NIW documents without sufficient preparation has led to an increase in Requests for Evidence (RFE). Unlike the green card process for general employment (second and third preference), which requires a US employer’s sponsorship, NIW, which falls under the employment-based immigration second preference, does not require such sponsorship. This has the advantage of saving time and costs. If you can prove that your work in science, technology, arts/sports, business, education, or health would be beneficial to the national interest of the United States, you can obtain a green card based on your abilities without the need for an employer sponsor.
The basic degree requirement for NIW application is an advanced degree or a bachelor’s degree with at least 5 years of work experience in the field. If you do not meet the degree requirement, you can still qualify by proving your exceptional ability in your field.
Next, you need to prove your contribution to the national interest. You must meet the three criteria outlined in the 2016 Matter of Dhanasar decision by the USCIS. The NIW applicant’s expertise has substantial merit for the national interest of the United States. The NIW applicant is well-positioned to advance their field of expertise. Overall, waiving the employer sponsorship and labor certification requirements would be in the best interest of the United States. How can you effectively prove these seemingly abstract requirements? “Storytelling” is key.
USCIS officers who review NIW applications may not be experts in your field. Therefore, you need to present persuasive and well-prepared evidence in layman’s terms that your expertise will contribute to the national interest. If you can do so, then obtaining a green card will not be difficult. Effective storytelling begins with brainstorming how your expertise can contribute to the national interest.
For example, you could improve the United States’ environmental problems with your scientific research, contribute to healthcare improvement, welfare, housing or education for underprivileged or children, or help create jobs for US workers with your business. It is important to establish a goal for how you can contribute to the national interest if you are planning to apply for a National Interest Waiver (NIW). To demonstrate your expertise and how it can contribute to the US national interest, you will need to connect various materials.
Generally, you should prepare recommendation letters from experts in your field, a list of papers and citations, patents, media coverage, awards, membership in professional associations, evidence of being invited as an expert or judge in your field, licenses, and proof of commercial success if you are an entrepreneur or artist. You may also need to prepare a plan for how you will continue to develop your expertise in the future. You can also creatively prepare other materials that demonstrate the practical value of your expertise, such as academic papers and statistical data. If your expertise is in a specialized field that is unfamiliar to the general public, immigration officers may also find it unfamiliar. To effectively convey your story and capture the immigration officer’s attention, you need to think about how to present your story. If necessary, you can add dramatic elements, and you should focus only on the essential parts of your story to engage the immigration officer’s involvement and empathy. These strategies can be effective in approaching NIW.
I hope this column has been helpful to those of you who are planning to apply for NIW. If you have any further questions about NIW, please send an email to mail@songlawfirm.com.