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korean blogPosts
- Understanding the Importance of Tenancy by the Entirety in Indiana for Homeowners
- Upgrading a Pending NIW to Premium Processing: A Step-by-Step Guide
- National Interest Waiver: Advanced Degree Requirement and Relevant Documentation
- Self Petition for L1 Visa of Sole Proprietorship
- L1 Visa – US Intra Company Transferee Visa
- Waiver of Inadmissibility : Extreme Hardship Standards
- Importance of have a Will prepared from an Immigrant’s perspective
- Employment-Based Green Card Priority Date Retrogression
- The Importance of Time Frame in National Interest Waiver Applications
- Update on DED for Hong Kong as of May 3, 2023
- H1b and NIW Application
- What is extreme hardship waiver?
- List of TPS designated countries currently open to registration as of April 2023
- Removal of 60 days rule for I-693 (Medical Examination Report)
- Temporary Increasing of EAD automatic extension for 540 days
- Retrogression of Priority Dates
- Parole Program for International Entrepreneur
- Processes for Cubans, Haitians, Nicaraguans, and Venezuelans
- Residence Abroad Requirement for F1 and M1 visa application
- Is it alright to receive Covid-19 benefits in terms of Public Charge?
- What is good and bad under the new Public Charge Rule
- CDC Requirements for Immigrant Medical Examinations
- Categories allowed for automatic extension of 180 days for EAD
- Don’t want to deal with PERM? Let’s talk about NIW Green Card!
The Importance of Time Frame in National Interest Waiver Applications
May 25, 2023
When applying for a National Interest Waiver (NIW), it is
important to provide evidence that demonstrates both substantial
merit and national importance. This evidence can include a
detailed business plan, letters of recommendation, and expert
opinion letters. However, even if all evidence is properly
prepared in English, the time frame of the application can still
impact its success.
In a recent USCIS case, a petitioner submitted an NIW
application with a business plan that was drafted nearly one
year after the filing of the petition. While all evidence was
properly prepared in English and demonstrated substantial merit
and national importance, USCIS denied the case because they did
not believe that the petitioner had provided sufficient evidence
to demonstrate that their proposed endeavor met the requirements
for a National Interest Waiver.
This case highlights the importance of submitting a
well-developed and concrete plan for your proposed endeavor at
the time of filing. Waiting nearly a year to submit a business
plan in response to an RFE may be viewed negatively by USCIS and
could impact their decision to grant an NIW.
Therefore, it is important to carefully consider your timeline
when applying for an NIW. If you are not yet ready to submit a
detailed business plan or other evidence demonstrating
substantial merit and national importance, it may be better to
wait until you have developed your plans further before
submitting your application.
In conclusion, while all evidence being properly prepared in
English is important when applying for an NIW, it is also
crucial to consider your timeline. Submitting a well-developed
and concrete plan at the time of filing can increase your
chances of success and help demonstrate that your proposed
endeavor has both substantial merit and national importance.
Hong-min Jun
NIW attorney
NIW attorney