Check List: National Interest Waiver (NIW)

SONG&LEE
2024-06-14
Did you provide the following?

If the alien holds an advanced degree:
An official academic record showing they have a U.S. advanced degree or a foreign equivalent degree, or
An official academic record showing they have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing they have at least five years of progressive post-bacclaureate experience in the specialty.
If the alien is seeking to qualify as having an exceptional ability in the sciences, arts, or business:
An official academic record showing they have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
A letter from a current or former employer showing the alien has at least 10 years of full-time experience in the occupation;
A license to practice the profession or certification for a particular profession or occupation;
Evidence the alien has commanded a salary or other pay for services that demonstrates exceptional ability;
Evidence of membership in professional associations; or
Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s exceptional ability.
If waiving the job offer/labor certification requirement:
Either Parts J, K, L, and M of ETA Form 9089 or Part B of the Form ETA 750;
Evidence showing the waiver would be in the national interest, including:
How their proposed endeavor has both substantial merit and national importance;
How the alien is well-positioned to advance the proposed endeavor; and
How it would be beneficial to the United States to waive the job offer, and thus the labor certifications requirements.

<출처> https://www.uscis.gov/i-140Checklist

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