Introduction
The National Interest Waiver (NIW) visa is a very attractive option for professionals with exceptional skills who wish to immigrate to the United States without the need for a job offer. This visa allows applicants to submit a permanent residency (Green Card) application without relying on an employer’s sponsorship. The NIW is aimed at individuals whose contributions in fields such as science, medicine, technology, or education are considered to be of national interest to the country. While the visa offers a promising pathway, the approval process can be lengthy and complex. In this blog, we will explore how long the approval of the NIW can take and what to do if your application is denied.
NIW processing times
On average, the approval of the National Interest Waiver Visa can take between 12 to 18 months. However, this time frame can vary depending on several factors, such as the workload of the U.S. Citizenship and Immigration Services (USCIS) and the complexity of the individual case. During this period, the USCIS will review all the documentation submitted, including your application, evidence of your exceptional skills, and the impact of your work on U.S. national interest.
The processing time can also be affected by the category in which the application is submitted (if you are from a country with high visa demand or if USCIS is delayed due to the volume of applications). It is important to be prepared for waiting times and to be patient while your application is being processed.
What happens if your NIW is denied?
A denial of an NIW application can be frustrating, but it is important to understand the most common reasons why an application may be denied. Some of the most frequent reasons include:
- Lack of convincing evidence one of the main reasons NIW applications are denied is the lack of convincing evidence that demonstrates the applicant has exceptional skills and that their work is in the national interest of the U.S. USCIS requires clear and detailed proof to support your application, such as academic publications, recommendation letters, evidence of impact in your field, among others.
- Incomplete or incorrect documentation denial can also be due to missing essential documents or errors in the information provided. If your application is incomplete or contains mistakes, USCIS may deny it. It is
crucial to thoroughly review all documents before submitting them to avoid errors that could delay or deny your application. - Failure to meet eligibility requirements if you cannot demonstrate that your work has a substantial impact on U.S. national interest or if you do not meet eligibility requirements regarding education or experience, your application could be denied.
Solutions if your NIW is denied
If your NIW application is denied, not everything is lost. There are several options you can consider to improve your case and increase your chances of success in a new application or appeal:
- Review the denial letter it is important to carefully read the denial letter sent by USCIS. It will outline the specific reasons for the denial. Understanding these reasons will allow you to identify weaknesses in your application and work on correcting them.
- Strengthen the application with more evidence if the denial reason was lack of convincing evidence, you can strengthen your application with additional proof. This may include new recommendation letters, published articles in scientific journals, evidence of successful projects, patents, or any other proof that can support your claims of impact and exceptional skills.
- Consider consulting an immigration attorney if you have not already done so, consulting an immigration attorney may be crucial to better understanding the details of your case. An attorney can help you prepare a more solid new application or present an appeal if you believe the denial was unjustified. An immigration expert can guide you on how to improve your profile and how to present your application more effectively.
Conclusion
The National Interest Waiver (NIW) is an excellent option for highly qualified professionals who wish to immigrate to the United States, but the approval process is not without challenges. While the approval may take between 12 and 18 months, it is essential to be prepared for any outcome. In case of denial, the key is to carefully review the denial letter, strengthen the application with additional evidence, and consider legal advice to improve your chances in a new application. Proper preparation and following the correct steps are crucial to increasing the likelihood of success in your immigration process.