Who Should Consider NIW?
NIW focuses less on whether an applicant is a universally recognized “top celebrity” in the field and more on whether the applicant’s work is valuable to the United States and whether the applicant is well-positioned to advance that work.
Common NIW applicant profiles include (without limitation):
Researchers / Physicians / Engineers / Data Scientists, etc.
Strong technical or academic foundations
Work aligned with public health, foundational science, artificial intelligence, energy and environmental protection, climate-related initiatives, and other high-impact areas
University Faculty and Research Institution Professionals
A record of publications and research activity
Teaching, mentoring, and participation in research initiatives and projects
High-Skilled Professionals Working in the United States
Roles in technology, fintech, biotechnology, clean energy, and related sectors
Work involving meaningful technical innovation or industry advancement
Professionals in Public Policy, Education, Culture, and Related Fields
Work in governance, educational initiatives, cultural programs, or cross-cultural engagement
Demonstrable positive impact on U.S. communities or broader social objectives
Whether NIW is suitable is not determined solely by degrees or publication counts. The key questions typically are:
What exactly is your proposed work?
Why does it matter to the United States in concrete terms?
Are you well-positioned to advance that work in the U.S.?
Our evaluation emphasizes these factors and structures the case around USCIS’s adjudicatory framework.
NIW Legal Standard
NIW adjudication generally follows a three-part framework:
1) The Proposed Endeavor Has Substantial Merit and National Importance
Substantial merit refers to the significance of the field and the value of the work (e.g., public health, technological innovation, economic development, education quality, environmental protection).
National importance means the work is not merely beneficial to a single employer or local area, but has broader implications for an industry, field, or national-level interests.
2) The Applicant Is Well Positioned to Advance the Proposed Endeavor
USCIS evaluates whether the applicant’s education, skills, and record of accomplishments align with the proposed endeavor, and whether the proposed plan in the United States is credible and feasible—supported, where applicable, by employment, collaborations, project plans, business plans, or other objective indicators.
3) On Balance, It Would Benefit the United States to Waive the Job Offer and PERM Requirements
This prong addresses whether requiring a job offer and labor certification would be impractical or counterproductive to the national benefit, and whether the United States gains by allowing the applicant to proceed without the standard labor-market testing mechanism.
In our filings, we build a coherent evidentiary and legal narrative addressing all three prongs and tying each piece of evidence to the adjudicatory criteria.
Our NIW Process (Standard Workflow)
Step 1: Initial Assessment and Strategic Planning
We review the client’s résumé/CV and supporting background materials (degrees, credentials, work history, publications, projects, patents, media coverage, and other accomplishments). We analyze: (i) the proposed endeavor, (ii) how it demonstrates substantial merit and national importance, and (iii) whether the client’s record supports a finding that they are well positioned to advance it.
Deliverable: an initial feasibility conclusion with a recommended strategy and timeline.
Step 2: Engagement and Timeline Confirmation
We confirm scope, legal fees, government filing fees, and anticipated third-party costs, and align timelines for evidence collection, proposed endeavor development, drafting and revisions, and filing milestones. We prioritize case quality while proactively managing deadlines and client coordination.
Step 3: Evidence Planning and Record Development
We provide a customized evidence checklist and review submissions for relevance and probative value. Evidence commonly includes:
Identity and credentials (passport, I-94 if applicable, degrees, licenses, translations)
Professional capacity and trajectory (publications and citations, patents and implementation, project documentation, measurable outcomes such as efficiency gains, cost savings, technical breakthroughs)
Support for the proposed endeavor in the U.S. (employment indications where available, collaboration correspondence, research plans, business plans and market analysis for entrepreneurial cases)
National interest context (industry reports, policy materials, authoritative media, third-party references to the client’s work, institutional letters)
Our objective is to transform a document collection into a persuasive, well-organized record where each exhibit serves a defined legal purpose.
Step 4: Proposed Endeavor and Personal Statement Development
We work with the client to define and articulate a precise proposed endeavor: what the client will do in the United States, in what setting, with what goals, and why it matters. We then draft a clear proposed endeavor statement and supporting narrative describing how the client’s prior experience enables the client to carry the endeavor forward in the United States. This portion of the case is often the “core” of a strong NIW filing.
Step 5: Recommendation Letter Strategy and Drafting
We design a recommender structure and draft English letters for recommenders to review and sign. Recommenders may include former professors, supervisors, collaborators, and independent experts familiar with the client’s work. Each letter is drafted with a distinct focus (e.g., technical impact, field significance, implementation value, U.S. relevance) and is aligned with the evidence record while avoiding generic or templated language.
Step 6: Legal Brief / Petition Letter
We prepare a comprehensive petition letter presenting: (i) the applicant’s background and professional trajectory, (ii) the proposed endeavor and its national importance, and (iii) a structured legal argument addressing all three NIW prongs. Exhibits are indexed and cited precisely for adjudicator readability.
Step 7: Filing the EB-2 NIW Petition (Form I-140)
We prepare and file Form I-140 and all supporting materials in the format required by USCIS at the time of filing, provide receipt and tracking guidance, and confirm current form editions, filing addresses, and fees prior to submission. Expedited processing options may be considered if and when available under then-current USCIS policy.
Step 8: RFE / NOID Response and Post-Approval Planning
If USCIS issues an RFE or NOID, we analyze the adjudicator’s concerns, develop targeted supplemental evidence, and submit a timely and comprehensive response. After approval, we advise on next steps based on the client’s circumstances, including Adjustment of Status (Form I-485) in the United States or consular immigrant visa processing abroad, as well as dependent spouse/child planning and timing considerations.
Client Responsibilities vs. Our Firm’s Responsibilities
Client Responsibilities
Provide complete and accurate background information
Collect and submit evidence according to the checklist
Describe U.S. plans and the proposed endeavor with practical detail
Assist in contacting recommenders and provide timely feedback on drafts
Our Firm’s Responsibilities
Provide a legal feasibility assessment and case strategy
Create the evidence plan and review/organize supporting documentation
Draft the proposed endeavor narrative, recommendation letters, and legal brief
Prepare and file Form I-140 and manage USCIS communications
Respond to RFEs/NOIDs if issued
Advise on post-approval steps (I-485 or consular processing), as applicable
Illustrative Timeline (Varies by Case and USCIS Processing)
Actual timing depends on the client’s evidence readiness, case complexity, and USCIS workload.
Evidence collection and planning: approximately 4–8 weeks
Drafting (letters + legal brief + endeavor narrative): approximately 4–8 weeks
After filing: standard processing may take several months or longer; any expedited options depend on rules in effect at the time of filing
We provide case-specific timing recommendations during the initial consultation based on current status, visa validity, family planning, and target deadlines.
Frequently Asked Questions (FAQ)
1) Do I need many SCI publications to qualify for NIW?
No. Publications are common evidence, but NIW is fundamentally about national importance and the applicant’s ability to advance the endeavor. Strong project outcomes, industry impact, implementation evidence, and practical contributions may support a NIW case even with a modest publication record.
2) NIW vs. EB-1A — which should I choose?
EB-1A focuses primarily on extraordinary standing and top-tier acclaim in the field. NIW focuses on the national importance of the proposed endeavor and the applicant’s positioning to advance it. Many clients pursue parallel planning depending on profile and timing goals; we recommend a strategy based on individualized assessment.
3) Must I be in the United States to file NIW? Can I file from China?
No. NIW may be filed from abroad. The primary difference is that post-approval steps typically proceed through consular processing rather than U.S. adjustment of status.
4) Can I pursue NIW while in H-1B / F-1 / J-1 status?
Often yes, but additional considerations may apply, including any J-1 two-year home residency requirement and practical planning around immigration intent and status maintenance. We advise based on the client’s specific status and timeline.
5) What if NIW is denied?
Depending on the reason, options may include refiling with stronger evidence, pursuing alternative categories (such as EB-1A or employer-sponsored EB-2/EB-3), or considering motions/appeals where appropriate. Our process emphasizes early risk identification and front-loaded record development to reduce denial exposure.
This page is provided for general informational purposes only and does not constitute legal advice for any individual case. Immigration policies, adjudication standards, forms, fees, and processing times may change. For a case-specific evaluation and tailored strategy, please schedule a consultation with our office.
