to Argue that My Work Is “National in Scope” for
I am an engineer employed at a small company for wireless communication. How to argue that my work is “national in scope” for EB2 National Interest Waiver petition?
The National Interest Waiver (NIW) is an attractive option for many immigration applicants. Yet there is still some confusion about what criteria the USCIS uses when considering the NIW applicant. The NYSDOT case that defines the NIW criterion is now used by the USCIS. In general, USCIS will check three NYSDOT criterion to determine whether an alien applicant qualify for a National Interest Waiver petition.
First, alien applicant must establish that his/her occupation or field of research possesses substantial intrinsic merit. In other words, the alien applicant's work must benefit the U.S. national interest in some way. This criteria can be easily met in most cases, and many Request for Additional Evidence (RFE) has not used this criteria as its basis.
Then, the alien applicant must show that his or her undertaking or research field will provide a benefit on a national scale. The applicant’s work must benefit a national goal rather than a local or regional goal. This second criteria, like the first criteria, can be easily met, as long as his/her work is in some way connected to a national scheme.
In one NIW petition case, an Electrical Engineer employed at New York State's power agency, and working on power grid to prevent the massive blackouts that the region recently suffered. USCIS found that since the New York power grid connects to the national power grid, the alien applicant's work was “national in scope.”
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