While these requirements may seem straightforward, the process of getting an NIW petition approved is extremely complex. Successful NIW applicants must provide a considerable amount of evidence including letters of recommendation from colleagues, expert opinions, letters from former employers, publications, and substantial additional evidence to show the overall value and merit of the applicant.
In other words, it is not enough to simply demonstrate that an applicant has the required education to qualify for a NIW. Instead, a successful NIW applicant will focus on his or her unique skills to show what sets the applicant apart from other professionals and how he or she will benefit the United States.
Despite these hurdles, obtaining a NIW has definite advantages. In addition to not needing a job offer or having to go through the labor certification process, NIW cases may take as little as six months. Most NIW applicants are also eligible to simultaneously file for adjustment of status to obtain their green cards.
In recent years, a combination of a slowed economy and changing immigration policy have made the process of obtaining a NIW increasingly difficult without presenting an exceptionally prepared application. The assistance of an experience attorney is crucial to navigating this complicated process.