National in Scope – The 2nd NIW Requirement

The 2nd prong test for the National Interest Waiver was established by the precedent NYSDOT case.

The 2nd prong test requires the applicant to prove that the proposed benefit will be National in Scope.

National in Scope

Applicants whose work only benefits local or regional parties would likely not be able to prove this.

See USCIS denial for Highly Qualified Early Childhood Special Educator. USCIS did not agree that her influence or proposed benefit would be national in scope.

The proposed benefit may NOT affect some areas positively and some areas negatively.

If an applicant can provide evidence that the proposed benefit is in an area of substantial intrinsic merit and is not contrary to the interests of any part of the United States, then it is possible to argue that the proposed benefit is also national in scope.

What Evidence do I provide to show that my work is National in Scope

Letters of support from industry leaders familiar with your work should detail how the applicant’s work would benefit the entire United States.

If you would like a free evaluation in order to determine your chances in obtaining a National Interest Waiver self sponsored EB-2 green card approval, please send us your resume and google scholar citation link by completing the form below:

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National Interest Waiver – Overview

National Interest Waiver for PhD Students

Physician National Interest Waiver in an Underserved Area

National Interest Waiver – FAQ

National Interest Waiver – Attorney Services

Substantial Intrinsic Merit – The first NIW requirement

Recent National Interest Waiver Approvals

National Interest Waiver Green Card – Step by Step Kit


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