The petitioner has the burden of proof to provide sufficient evidence for a National Interest Waiver application.
The following documents may be submitted for a NIW based green card petition:
Letters could also be from top level management of prospective companies using the alien’s work and current and former employers. Letters should be from persons who have not personally worked with the alien but are still aware of his/her achievements as this gives more weight than letters from people who know the alien well. The letters should clearly state how they became familiar with the alien’s work.
Such letters should discuss the alien’s abilities and accomplishments as well as the alien’s work importance to the national interest. It should state that the alien has made a significant contribution to the field and has achieved a degree of recognition. Even though it is not mandatory to get a strong letter of recommendation from your current employer, you should get such a letter if they are willing to provide one.
Even though there are no required minimum number or maximum number of such letters, five to seven letters would be good enough. The stronger the letter is, the better it would be as a lot of weightage is given to such letters.
These letters must be placed directly beneath the Form I-140. That will eliminate the examiner’s time spent wading through academics articles, field surveys, general reports, etc. which often add minimal weight to bolster the claim for the alien’s specific achievements are of national interest. This would reduce the need for a request for further evidence (RFE).
The USCIS will examine such letters and review the credentials of the individuals who write such letters to determine whether they are qualified to make such evaluations.
Along with the letters, on a separate piece of paper, submit a list of persons providing you with recommendation letters, including their names, titles, and employers. Also, include newspaper articles describing the professional reputation of persons preparing your references.
The purpose of a labor certification is to protect the jobs and job opportunities of U.S. workers having the same minimum qualifications as the alien seeking employment in the national interest. The petitioner (either an alien himself/herself or the employer) must establish that the alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.
Submitting the above mentioned documents only allows the case to be reviewed, and there is no guarantee that the petition will be successfully approved. Also, benefits of employment should be immediately apparent to the national interests of the U.S.
Recently, the USCIS has been requesting evidence for “how the beneficiary is the head of the project or a critical member”. The RFEs specify that this may be proved by “funding documents from the government agency or major scientific organization showing where the beneficiary is listed as the principal investigator”. It is reasonable to assume that the person filing the NIW petition plays a critical role, requiring the person to be the head or principal investigator is beyond what should be expected of an NIW alien as such status is rarely given to anyone who is not a U.S. citizen or green card holder.
Some RFEs require you to submit the proof that the alien has received “critical acclaim” which is not a requirement of a NIW and cannot be the sole means for showing the significance of an alien’s abilities and responsibilities. “Critical acclaim” is required for someone who wishes to qualify under the EB-1 category of “Aliens of Extraordinary Ability” while a NIW petition is related to the EB-2 petition.
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