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Applying For the National Immigration Worker Program (NIW)

Applying For the National Immigration Worker Program (NIW)

The NIW program provides high-potential persons the chance to fulfill their entrepreneurial and professional goals. It is open to STEM graduates, entrepreneurs, and physicians. Simply fill out the contact form to apply. A team of immigration lawyers will review your case. You can reach the team via the internet if have any questions.

Extraordinary ability or advanced degree holder

There are some requirements that you must meet if are applying for the National Immigration Worker (NIW) in the category of “exceptional abilities or advanced degree holders”. Letters of recommendation are required along with proof of academic achievement. The category of exceptional ability with stricter eligibility requirements than the baccalaureate category. “Exceptional ability” means that you possess distinct skills or expertise that sets you apart from others.

The applicant must have an advanced degree or be sponsored by an U.S. sponsor in order to be eligible for an NIW. The NIW program is designed to provide people who are uniquely qualified for a specific field the opportunity to work and live in the United States. It is open to people with advanced degrees and extraordinary skills as well as those with other qualifications.

While satisfying the regulatory requirements does not assure NIW classification, they can aid in achieving an exceptional classification. Additionally, professional association membership is to be assessed by the level of skills and expertise that the holder has. This second evaluation should be an integral part of the final merits determination.

If they meet certain eligibility requirements, an applicant with exceptional capabilities or a higher degree can self-petition for an NIW. The INA 203(b)(2)(A) and 8 CFR 204.5(k)(3) define the characteristics of an individual with exceptional abilities is. The applicant must have high education, professional experience, and a background in relevant fields to be considered eligible.

EB-1 applicants who have exceptional abilities can apply for NIW. These applicants must have sustained national recognition in their field of expertise. They do not need a job offer but must be able to commit to staying in their area of extraordinary ability. Labor certification is not required by the NIW. Aliens can also petition on their behalf.


Self-sponsored entrepreneurs are now eligible to apply for permanent residence in the United States through the NIW Entrepreneurs category. This category is based upon criteria previously established in the Matter of New York State Department of Transportation which was recently declared invalid and reaffirmed by the USCIS Administrative Appeals Office. This precedent decision will be beneficial to entrepreneurs who are NIW because it lets them to utilize their education and training to manage their businesses.

If the business owner has taught at a university or college, he or she can use this as evidence and help bolster his or her case. He or she can also demonstrate how the work benefits America’s economy by showing that it creates jobs in a low-income region or produces a specialized product. In addition the entrepreneur may argue the importance of his or her work locally or nationally in terms of supply chains.

While NIW provides great opportunities for entrepreneurs, there are also obstacles. Many entrepreneurs will have to relocate if they need to meet strict requirements. These requirements were challenging to meet, leading to a period filled with controversies that lasted up to 2016. Thankfully, these issues have been resolved and NIW entrepreneurs can now benefit from the federally-funded status that they’ve always dreamed of.

The USCIS announcements may not affect the visa applications of foreign entrepreneurs. They don’t create an entirely new category for foreign entrepreneurs however, they do pose issues. Although entrepreneurs may face obstacles in obtaining visas, they are not impossible so long as they are able to prove the value of their business.

STEM graduates

USCIS is expanding the list of qualifications that make a candidate an ideal candidate for a STEM job. The list now includes master’s degrees or PhD in STEM. The USCIS considers these qualifications as sufficient evidence for NIW STEM graduate visa applications. STEM graduates are not required to have an employer’s approval or a labor certification from an employer.

This policy will be beneficial to STEM graduates since they are more likely of obtaining H-1B visas and permanent residency. They will be eligible to apply for more NIW STEM visas for immigrants if they have an advanced education in STEM fields.

If their work is crucial to national security or competitiveness A STEM graduate may be eligible for an National Interest STEM Visa. The USCIS acknowledges that a STEM graduate’s work is of significant merit and national importance, which may be difficult to prove with classroom teaching activities. However, students who pursue a Ph.D. in a STEM field may be able prove their worth by citing peer-reviewed academic journals or submitting a research proposal illustrating their skills in a related field.

The STEM Optional Practical Training program is designed to increase the contributions of non-immigrant STEM students to U.S. innovation and the economy. STEM niw green card graduates have an exclusive advantage over nonimmigrant workers who have other benefits for immigration and can work on an idea of their own while learning about their field of study.

STEM graduates may have a better chance of being eligible for the STEM immigration category with the Biden Administration’s updated guidelines for NIW visas. STEM graduates are now able to apply for a NIW more easily than ever before. By removing any obstacles to the STEM profession, U.S. Citizenship and Immigration Services has made the process simpler for STEM professionals. This guideline provides the steps STEM professionals must follow to apply for the NIW STEM Visa.

In addition to the STEM degree, NIW STEM graduate visa applicants must submit evidence of support. Documentary evidence can include patents, intellectual property, and scholarly publications. Also, a letter from an agency of the government, a business plan, or client contracts may be helpful.


Prior to 2007 NIW physicians were only eligible for the program if they were sponsored the VA. The program has been expanded to include primary care physicians and specialist care. Physicians must practice in areas of shortage of physicians in order to be eligible for the NIW Physicians Program. That is, a shortage exists in areas where there are less primary care physicians. This is not the case for optometrists and dentists who are not paid or sponsored by the VA.

To be eligible to participate in the NIW program, physicians must apply through the VA or the state’s health department. The state health departments are able to approve or deny a request. However, it is important to remember that not all health departments will honor requests from doctors who have left state facilities.

In certain cases, NIW physicians can apply for green cards by marrying the spouse of a U.S. citizen or legal resident already working in the U.S. The application process may be expedited when the marriage is completed within a reasonable amount of time. The application process is not the most difficult aspect of becoming a MUA physician. There are, however, many difficulties that a physician must face when they become a physician in an MUA.

To be able to qualify as an NIW Physician applicants must first receive an official public interest statement from their state’s health department or VA. The letter must indicate that the doctor’s work is in the public interest. Employers must also submit a petition to USCIS for the NIW program on Form I-140. The physician must also show an intention to work in the area of shortage for at five consecutive years. The physician can also file an Adjustment of Status (AOS) application concurrently.

To qualify for an NIW doctors must practice in an area that is designated by the USCIS as medically underserved. This area must have an insufficient supply of primary medical doctors. Physicians must be employed at an Veterans’ facility or work for a medical facility that has been identified by HHS as a medically underserved area.