To determine whether admitting an alien would be 'in the national interest' of the U.S., several factors may be considered including:
Typically, aliens who are successful in securing an NIW present cases that establish themselves as having some unique and exceptional skill, experience, or knowledge, that sets them apart from their professional peers. Documents stating that he/she possesses a certain level of competence will not be sufficient to receive a National Interest Waiver. Rather, a proficiency that is greater than mere competence is expected of those seeking a National Interest Waiver.
Furthermore, it must be clearly demonstrated that the NIW candidate's past record substantiates projections of future benefits to the U.S. national interest.
Recommendation letters testifying to the alien's unique skill, experience, knowledge, or expertise will be examined by the USCIS and the credentials of the individuals who write such letters will be reviewed to determine whether they are qualified to make such evaluations.
Additionally, the NIW candidate should be aware that the government has become increasingly strict in its interpretation of what it considers to be in the national interest. Applications that would have been approved four or five years ago are now currently being denied.
The NIW process is complex and, at times, convoluted. We recommend that you seek the assistance of an experienced immigration attorney.
(Updated 10/8/2012 by AD)
For further information about the National Interest Waiver, please check the other pages about NIW on the site: