Application Requirements

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The minimum requirement to be approved for an NIW is a highly-educated or exceptional talent. "High-educated" means at least five years of working experience in a master's or bachelor's degree.

 

Alternatively, you can prove your "extraordinary talent" in arts and sports, etc.

 

A more detailed explanation is provided in the "NYSDOT Case," a previous NIW-related appeals court in the United States. According to this case, in order to obtain an NIW, three conditions must be met:

 

There must be a unique value to the professionalism of the applicant,

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The expertise of the applicant must be beneficial to the entire country and not to the national interest and the special areas of the United States,

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Prove that it is significantly contrary to the national interests of the United States to ask the applicant for employment in the United States.

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The phrase "must have its own value in professionalism" means that it has studied areas of American interest. No scientific field can be said to have its own value. For example, a sociologist's 2010 census does not mean that it has its own value. On the other hand, it can be said that it was an achievement of unique value that contributed to society if the pedagogist improved the quality of his research field through his research activities.

 

The second requirement is that an applicant's research and practice achievements should be one that can help the entire United States, not a specific region. Teachers at the hospital can demonstrate help "all over the United States" by showing that the field of care is related to a disease that many people in the United States are suffering from, and science and engineering scholars can demonstrate their national impact by showing that their findings have helped other scholars, either nationally or abroad. For example, you earned an NIW by claiming that an oil refinery's work and performance helped secure energy supplies and refineries across the United States.

 

The third requirement is to prove that requiring employment in the U.S. as a condition of granting permanent residency to an applicant at the U.S. Immigration Bureau is rather adversely affecting the U.S. national interest. Here is how to meet this requirement:

 

The applicant has more exceptional abilities, achievements, and work experience than most other professionals in his or her field.

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Working for employers impairs the ability of applicants and their research achievements to be used in the interests of the United States as a whole

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Influence of applicant's ability, achievements and practical experience, etc