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 from the requirement of a job offer, which is often a requirement of other types of employment-based visas.
Processing time
It takes time to receive approval for an NIW. 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 can help applicants understand the various green card options.
There are many factors that can 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.
Premium processing options can reduce the time it takes to process NIW applications. This speeds up the visa application by reducing it to just fifteen days. However, premium processing is more costly. It does however save applicants months of waiting.
The average processing time is also dependent on the type of national interest waiver the applicant is seeking. 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. The candidate must also be able show that the nation needs his or her services.
Other requirements include that the alien be a well-positioned foreign national with relevant skills and benefits. Some of these can be demonstrated wegreened by being a member of a professional organization, demonstrating membership in a relevant industry, or gaining some level of practical work experience in the United States.
The “most important” factor in obtaining an NIW is a compelling petition. 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 right choice, the applicant might consider applying for a second preference greencard.
Despite the many possible pitfalls associated with the NIW process, there are still some cases in which a candidate will receive approval. Moreover, if the applicant has a well-positioned merit, he or she may be able to obtain a green card sooner than expected.
Reopening or reconsidering a NIW matter
You might consider reopening your case if you have been denied immigration relief. This will allow for you to present new information or documentary evidence to the Immigration Judge (IJ), which will change the final decision. However, there are some restrictions to filing this motion.
Reopening or reconsidering a NIW matter is only possible if you follow the correct procedure. You must file a motion, and you must pay a fee to do so. You will also need to include a brief. A brief is a supplemental document that can help improve your chances of reopening the case.
The most obvious way to reopen or reconsider a NIW case is to provide new documentary evidence and affidavits to the IJ. 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 the AAO deems your motion worthy, it will notify you of its new decision.
It is also possible for the AAO to grant or deny your motion. The AAO will not reconsider your case if the new evidence doesn’t change the outcome. The AAO can reopen your case if the new facts are compelling.
You can request expedited processing. This will speed up the entire process.
One important thing to keep in mind when reopening or reconsidering a immigration case is that you must prove that you have new, relevant, and credible evidence. You can’t simply re-present evidence that was previously provided. You must prove that the original case hearing was not complete.
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 niw residence permit. A student residence permit is valid during the course of your studies. 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.
A work permit will be required for foreign citizens working in countries other than the EEA and Switzerland. This will be done through 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. If they are employed by a company, however, they will need a TWV.
For people who will stay in the Netherlands for more than four months, they must get a Citizen Service Number. This number acts as a tax number and is required for certain 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. This law requires employers to follow a careful recruitment process. Employers must also be responsible for the return and security of foreign nationals.
You must follow the terms of your employment during your stay. You must also comply with all laws. These requirements are in place to protect both the employer’s and employee’s interests.
PERM labor certification
Labor certification is a critical step in obtaining an employment-based green card. It shows the Department of Labor that an employer is willing and able to pay the prevailing wages and that the hiring of a foreign national worker will not cause harm to the local labor market.
For some jobs, the process of obtaining a PERM labor certification can take up to 18 months. The actual timeframe may vary depending on the case. 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 using the form I-140, which is accompanied by ETA Form 9089. Once you have O1 visa 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 ensure that you comply with all laws. During the recruitment period, you must offer a wage above the prevailing wage for the specific field you are recruiting in.
While you are recruiting, you must follow the PERM labor certification rules. A PERM labor certification is valid for the “area of intended employment.” That means, the area in which the foreign national employee will be performing. A new PERM application is required if the employee will work outside of the area where they are intended to be employed.
A National Interest Waiver (NIW) is another way to get around the labor certification requirements. NIW allows you to bypass the labor certification process and work without your employer. But, NIW requirements are difficult to meet.
NIW requires that you prove your ability to perform 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 is a great option if you don’t have a job, but you still want to live in the United States.