National Interest Waiver: Advanced Degree Requirement and Relevant Documentation
The National Interest Waiver (NIW) is a provision within the
United States immigration policy that allows certain individuals
to obtain permanent residency if their entry into the country is
deemed to be in the national interest. One of the critical
components of qualifying for an NIW is demonstrating exceptional
ability in a particular field. Among the requirements, holding
an advanced degree or higher is often essential. This article
will delve into the specific requirements related to advanced
degrees and the types of evidence that must be provided to meet
these criteria.
Advanced Degree Requirement: 8 C.F.R. § 204.5(k)(3)(ii)(A)
Under the Code of Federal Regulations (8 C.F.R. §
204.5(k)(3)(ii)(A)), an applicant must present an official
academic record demonstrating the attainment of a degree,
diploma, certificate, or similar award from an accredited
institution of learning. This documentation must be pertinent to
the area of exceptional ability the applicant is claiming.
Ownership Percentage
If applicable, show the ownership percentage of the U.S. company
by the foreign parent company. This demonstrates the level of
control and affiliation between the two entities.
For instance, in a recent case, the Petitioner provided evidence
of completing a human resources management course at a public
university in Brazil in 2013. The Petitioner explained how this
academic certificate was relevant to their work in "Public
Security." The Director agreed that this certificate met the
requirements stipulated by 8 C.F.R. § 204.5(k)(3)(ii)(A), as the
academic achievement was directly related to the Petitioner's
field of expertise and demonstrated their exceptional ability in
the domain.
Full-Time Experience: 8 C.F.R. § 204.5(k)(3)(ii)(B)
In addition to academic qualifications, the regulations also
require evidence of at least ten years of full-time experience
in the occupation for which the applicant is being sought (8
C.F.R. § 204.5(k)(3)(ii)(B)). This experience must be
substantiated through letters from current or former employers.
These letters need to detail the specific duties performed by
the individual and confirm the full-time nature of their
employment.
In the same case, the Director initially concluded that the
Petitioner met this requirement by submitting a translated
certification that attested to 11 years and 9 months of service
provided to the police force in Brazil. However, upon closer
examination, it was noted that the certification failed to
explicitly state that the employment was full-time. Furthermore,
the document did not include a detailed description of the
duties performed by the Petitioner, as mandated by 8 C.F.R. §
204.5(g)(1).
Due to these deficiencies, the Director's determination that the
Petitioner met the full-time experience requirement was
withdrawn. The regulation clearly stipulates that mere length of
service is insufficient; comprehensive details of the employment
nature and specific job responsibilities are necessary to
satisfy the requirement.
Conclusion
To successfully obtain a National Interest Waiver, it is
imperative that applicants meticulously adhere to the
requirements set forth in the regulations. This includes
providing robust evidence of advanced academic achievements
relevant to their field of exceptional ability and thoroughly
documenting their full-time professional experience with
detailed job descriptions. Ensuring compliance with these
criteria enhances the likelihood of a favorable determination by
immigration authorities.
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