It’s easy to get lost in the labyrinthine world of National Interest Waivers (NIW). If you’re feeling lost, you’re not alone. There is a path to clarity. Of course, hiring an experienced law firm (like ours! wink) can make the process very smooth. Second to that, understanding USCIS’s three-pronged EB2 NIW framework is a good strategy to gain a sense of control and peace of mind. Today, we’re focusing on prong three – the seesaw of benefits.
Prong Three: A Balancing Act
This prong challenges you to demonstrate that waiving the job offer and labor certification requirements would be more beneficial to the US than enforcing them.
Think of it like a seesaw:
- One Side: The labor certification process, designed to protect US workers. This process is time-consuming, rigid, and may not fit your unique skills.
- The Other Side: Your reasons for a waiver. This isn’t just about benefit in the traditional sense. It’s about showcasing the urgency of your work, how impractical the labor certification process is for you, and the overall benefit you bring to the US.
How to Tip the Scales in Your Favor
Here are three ways to satisfy prong three:
- Overall Benefit: Show how your contributions outweigh the benefits of the labor certification process. When it comes to relevant evidence, think evidence of past accomplishments, awards, publications, and letters from experts highlighting your unique value.
- Urgency: Demonstrate that your work is time-sensitive and the lengthy labor certification process could hinder progress. Highlight critical time-sensitive projects or initiatives that rely on your expertise.
- Impracticality: Prove the labor certification process doesn’t fit your situation. Detail your unique skills that don’t fit standard job descriptions, showcase a portfolio of specialized projects, or emphasize proprietary techniques you’ve developed. If you’re an entrepreneur, explain how the process is geared towards traditional employment, not self-employment.
Remember: You don’t need to provide evidence for all three factors, but you need to build a strong case under at least one.
Need a Guiding Hand?
Feeling overwhelmed or have a unique situation? Our law firm is here to help. We offer full-service EB2 NIW handling or à la carte assistance for specific needs.
