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 of the requirement for a job offer, which can often be a requirement for other types of employment-based visas.
Processing time
Approval for a NIW takes time. The processing times for an NIW vary from one case to the next, but they are usually between three and nine months. Before applying for an NIW, applicants should consult a qualified immigration lawyer. An attorney will help the applicant understand the different green card options available.
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.
The NIW processing time can be greatly reduced by utilizing the premium processing option. 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. Without the premium processing option, an EB-2 NIW greencard can take up to 18 months to process.
The applicant must have a novel idea that could benefit the United States long-term in order to be eligible for NIW. In addition, the candidate must be able to demonstrate that the nation is in need of his or her services.
Another requirement is that the alien must be a well-placed foreign national with relevant skills. These can be demonstrated by becoming a member or practicing in the United States.
A compelling petition is the “most important” factor for obtaining a NIW. This should be accompanied by a plan for success that includes a quantifiable measure to assess the economic impact of the proposed venture. 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. A candidate with a strong merit may be eligible to receive a green card sooner than anticipated.
Reopening or reconsidering a NIW matter
You might consider reopening your case if you have been denied immigration relief. This will allow you to present new information and documentary evidence to the Immigration Judge (IJ) that will change the final decision. However, there are some restrictions to filing this motion.
The most important part of reopening or reconsidering a NIW case is that you must follow the correct process. 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.
Reopening or reconsidering a NIW case requires that you provide new documentary evidence and affidavits. If your attorney agrees, you can file a joint motion. But remember, there is a time limit to filing a motion.
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, the AAO will notify you of the new decision.
The AAO can grant or deny your motion. The AAO will not reconsider your case if the new evidence doesn’t change the outcome. Nonetheless, if the new facts are compelling, the AAO may reopen your case.
In addition to reopening or reconsidering a case, you can also request expedited processing. This will speed up the entire 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 niw evidence. You can’t simply re-present evidence that was previously provided. Instead, you must establish that the original case hearing was incomplete.
There is a lot of confusion about motions and appeals. Although appeals and motions are distinct, they 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. There are different requirements depending on your nationality. 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 for the duration of your course. In addition to this, you will need to register with the local authority records database.
If you are staying in the Netherlands for more than three months, your MVV will need to be exchanged for a residence permit. You should also inform the IND of any changes to your studies within four weeks.
Foreign citizen workers from countries other than the EEA or Switzerland will need to obtain a work permit. This will be done through the UWV (Employment Insurance Agency).
Citizens of the European Union and the European Free Trade Association do not need a work permit unless they are hired by a company through a temporary employment agency. However, if they are employed through a company, they must have a TWV.
A Citizen Service Number is required for anyone who plans to stay in the Netherlands longer than four months. This number is like a tax number and is necessary for some daily activities. Within 90 days, the IND must approve or deny your application.
Employers in the Netherlands must follow the guidelines set by the Foreign Nationals Employment Act, or Wav. Employers are required to ensure that they recruit carefully under this law. Employers must also be responsible for the return and security 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.
PERM labor certification
Labor certification is an essential 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.
For some jobs, the process of obtaining a PERM labor certification can take up to 18 months. However, on a case by case basis, the duration may be shorter. In any case, it is a good idea to get help from an experienced immigration attorney.
Applying to the Department of Labor is the first step to obtaining a labor certificate. This is done by filling out the form I-140. It is accompanied with ETA Form 9089. Once you have completed the form, you can submit the application to the DOL online or by mail.
You must notify your employees when you are ready to apply. You must also make sure that you follow all of the law. You must offer a wage that is higher than the prevailing wage O1 visa in the field you are recruiting during the recruitment period.
While you are recruiting, you must follow the PERM labor certification rules. A PERM labor certification is valid for the “area of intended employment.” This is the area where the foreign national worker will be working. 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 bypass the labor certification process and allow you to work without your employer. However, NIW requirements can be difficult to meet.
NIW requires that you prove your ability to perform wegreened the duties of this position. You must also prove that you will benefit the U.S. by accumulating accomplishments or helping the country during the waiting period.
Generally speaking, the processing time for a NIW Visa takes between three and nine months. This visa is great if you don’t have a job but still want to reside in the United States.
