U.S. Work Visa and National Interest Waiver (NIW)

1. What is a U.S. work visa?


A U.S. work visa is a document issued by the United States government that allows an individual to legally work in the United States for a specified period of time. There are many types of work visas, including H-1B specialty occupation visas, L-1 intra-company transfer visas, and O-1 extraordinary ability visas.

2. What types of U.S. work visas are available?


The types of U.S. work visas available are:

– H-1B Visas for Specialty Occupations
– H-2A Visas for Temporary Agricultural Workers
– H-2B Visas for Temporary Non-Agricultural Workers
– L-1A and L-1B Intracompany Transferee Visas
– O and P Visas for Artists, Athletes, and Entertainers
– R-1 Visa for Religious Workers
– TN Visa for Professionals from Canada and Mexico

3. Who is eligible to apply for a U.S. work visa?


Those who are looking to work in the United States on a temporary basis may be eligible to apply for a U.S. work visa. Generally, the applicant must have a job offer from a U.S. employer and be sponsored by that employer. There are several different types of work visas, and eligibility requirements vary based on the type of visa applied for.

4. What is the processing time for a U.S. work visa?


The processing time for a U.S. work visa depends on the type of visa you are applying for, as well as the country you are coming from. Most applications take approximately 3-6 months to process, although some may take longer.

5. How long does a U.S. work visa last?


A U.S. work visa typically lasts for three to five years, depending on the visa type. Some visas may also be valid for a single entry or multiple entries.

6. What documents do I need to submit in order to apply for a U.S. work visa?


In order to apply for a U.S. work visa, you will need to submit the following documents:

– A valid passport
– A completed nonimmigrant visa application, Form DS-160
– A photograph that meets the requirements of the State Department
– Evidence of your employer’s ability to pay your wages, such as a pay stub or tax documents
– Proof of your academic or professional qualifications
– Evidence of your intent to return to your home country after your work assignment in the U.S. is complete
– For certain visa types, you may need additional documents such as labor certification or proof of a job offer from a U.S. employer.

7. How much does it cost to apply for a U.S. work visa?


The cost of applying for a U.S. work visa varies depending on the type of visa and the country of origin. Generally, the fees range from $160 to $460 USD, although some additional fees may apply.

8. Can I extend my U.S. work visa?


Yes, you can extend your U.S. work visa by filing Form I-539, Application to Extend/Change Nonimmigrant Status. The form must be received by U.S. Citizenship and Immigration Services (USCIS) before your current visa expires.

9. How do I renew my U.S. work visa?


To renew a U.S. work visa, you must submit a complete application package to the appropriate U.S. embassy or consulate. The application package may include forms such as the I-129 (Petition for a Nonimmigrant Worker), Form I-539 (Application to Extend/Change Nonimmigrant Status), and other documents necessary for the specific visa you are applying for. The embassy or consulate will review your application and may require an interview before determining whether to issue the visa.

10. What is a National Interest Waiver (NIW)?


A National Interest Waiver (NIW) is an immigration petition that can be filed for a foreign national who does not require a job offer to obtain a green card. The petitioner must demonstrate that the beneficiary’s presence in the United States is in the national interest and that the beneficiary’s services are of substantial intrinsic merit.

11. Who is eligible to apply for an NIW?


An individual who has extraordinary ability in the sciences, arts, education, business or athletics, or who has a demonstrated record of exceptional achievement in the motion picture or television industry may be eligible for an NIW. Additionally, those who have a record of extraordinary achievement in the field of medicine, architecture, law, the humanities, or certain fields of business may also qualify.

12. What are the criteria for an NIW approval?


The criteria for National Interest Waiver (NIW) approval are as follows:

1. The foreign national’s proposed endeavor has both substantial merit and national importance.

2. The foreign national is well-positioned to advance the proposed endeavor.

3. On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.

13. What is the processing time for an NIW application?


The processing time for an NIW application typically takes between 6-7 months from the date of filing. The USCIS may take longer than this if more information or evidence is needed or if an unusually high number of applications are pending.

14. How much does it cost to apply for an NIW?


The cost to apply for an NIW is typically $400 to $600 in legal fees, plus filing fees of $700 to $1,200. The total cost of the application and filing fees can range from $1,100 to $1,800.

15. Can I extend my NIW approval?


No, NIW approval cannot be extended. However, you may be able to reapply for a new NIW petition if your circumstances have changed since your initial approval.

16. How do I renew my NIW approval?


You must submit a new Form I-140 petition to USCIS to renew your NIW approval. The application should include the same evidence and documentation as your initial application, including a current job offer letter from your employer. You may also need to provide updated evidence to prove that you have maintained an outstanding record of achievement in your field since you last applied.

17. How long does the NIW approval last?


The National Interest Waiver (NIW) is a permanent residence status. Once the NIW petition is approved, it provides the applicant with a Green Card that does not have an expiration date.

18. What documents do I need to submit in order to apply for an NIW?


Generally, you will need to submit the following documents when applying for an NIW:

1. A copy of your CV or Resume
2. Evidence of your exceptional ability in the field you are seeking to enter (such as publications, awards, research, evidence of recognition by experts in your field, etc.)
3. Documentation demonstrating how you will substantially benefit the United States (such as letters from employers, government agencies, prestigious universities, non-profit organizations, etc.)
4. A statement explaining why you believe that you meet the requirements for an NIW based on your past achievements
5. Supporting documents to confirm your identity and U.S. residency
6. Any additional documentation that may be relevant to your application

19. Does an NIW also require a job offer from a U.S.-based employer?


No. An NIW does not require a job offer from a U.S.-based employer. The individual can submit evidence of their “sustained national acclaim” and, if approved, could receive permanent residency without a job offer.

20. Are there any special requirements for obtaining an NIW if I have never worked in the United States before?


No, there are no special requirements for obtaining an NIW if you have never worked in the United States before. However, you must still meet all of the standard eligibility requirements for the National Interest Waiver. These requirements include demonstrating that your work is in the national interest of the United States, and that you have extraordinary ability in your field.