National Interest Waivers (NIW)


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This week, Murthy Law Firm attorneys will answer questions regarding national interest waiver (NIW) petitions.

  

Rules for Topic of the Week Threads:

 

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

4. Please do not provide information which would identify any specific company, university or individual.

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I am 58 years old. I am on EB-3 PD date Aug 2006. I am a public school math teacher. I have 4 year under graduation from India and masters in Education from U.S. I am with the same employer for last 11 years. My salary is around 80K. When i was filing EB-3, i had only under grad and salary around 45K.

 

I have done curriculum writing for the county couple of times.

 

I do not hold any out standing merits. My school is not filing any more labor so i can not change my EB-3 to EB-2.

 

What i should do in order to file NIW case?. Should i do my phd or anything else to qualify?

 

Thanks in advance

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I am 58 years old. I am on EB-3 PD date Aug 2006. I am a public school math teacher. I have 4 year under graduation from India and masters in Education from U.S. I am with the same employer for last 11 years. My salary is around 80K. When i was filing EB-3, i had only under grad and salary around 45K.

 

I have done curriculum writing for the county couple of times.

 

I do not hold any out standing merits. My school is not filing any more labor so i can not change my EB-3 to EB-2.

 

What i should do in order to file NIW case?. Should i do my phd or anything else to qualify?

 

Thanks in advance

A Ph.D is not specifically required for an NIW, but based on the details you provided you may be able to build your case by pursuing evidence that can support an NIW petition:  

  • advanced degree. 
  • work has impacted the field on a national level or has been implemented in the field.
  • Area of substantial intrinsic merit and importance to U.S. national interests.
  • Proposed employment national in scope.
  • Significant benefit to U.S. national interests from applicant’s participation in field that considerably outweighs inherent benefits of labor certification.
  • Must affect: economy, wages or working conditions, education, health care, housing, environment, natural resources, interested government agency. 

Feel free to call our office to speak to one of our attorneys that work with such cases extensively. 

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