In 2023, the U.S. NIW (National Interest Waiver) immigration application added the requirement of proof of professional qualifications and licenses

In 2023, applicants who wish to immigrate through NIW (National Interest Waiver) will need to provide a license to practice the profession or a certification for a particular profession or occupation that is sufficient to prove their outstanding talents.

Denied Case Example 1: A musician possesses two certificates, one as a ‘Professional Music Teacher’ and another as an ‘Outstanding Piano Teacher.’ However, she claims her outstanding ability lies in music composition and arranging. The immigration authorities deemed these certificates inadequate, as they are related to music teaching but not directly aligned with her asserted exceptional talents in composition and arrangement.

Denied Case Example 2: The applicant, when applying for the NIW, asserted his exceptional ability as an entrepreneur. However, he sought to meet this criterion using a salesperson license issued by the Maryland Home Improvement Commission. The commission’s responsibilities include overseeing green home improvement projects, such as solar panel installations. The immigration authorities deemed this evidence inadequate, as a license for selling home improvement services was not directly related to the exceptional ability he claimed as an entrepreneur.

National Interest Waiver (NIW) Immigration

• This is a way for foreigners to obtain a green card in the United States without a sponsor (employer).
• Eligible Applicants: Individuals whose work is particularly advantageous to the U.S. economy, healthcare or education systems, science, business, or technology, including athletes, are eligible to apply.
• The criteria for obtaining National Interest Waiver (NIW) are very stringent because applicants must demonstrate that their work in the respective field is beneficial to the United States.
• According to the U.S. Citizenship and Immigration Services (USCIS) website, applicants must simultaneously meet the following three points:
• The applicant’s proposed endeavor must have substantial merit and importance to the nation.
• The applicant needs to demonstrate that they are well-positioned to advance their proposed endeavor.
• Overall, it must be shown that the benefit to the United States is considerable, even if it requires foregoing job offers and the usual requirements like the Program Electronic Review Management (PERM) certification.