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[Green Card] EB-2 NIW National Interest Waiver Application (3) Read the Petition Rule-2

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Disclaimer.

The content provided in this article is based on personal experience and is for public information purposes only, and it does not constitute legal advice. The information presented herein should not be considered a substitute for professional legal guidance. Immigration laws and regulations are subject to change and vary depending on individual circumstances. For comprehensive and up-to-date legal assistance, it is recommended that you consult a qualified immigration lawyer. The author of this article assumes no responsibility for any action taken or not taken based on the information provided herein.

Part I: [Applying for a Green Card] EB-2 NIW Application Success Record (2) Reading the Official Application Requirements—1 Take you to read the first two points, and this article will take you to read the official application conditions.

（三）Policy Manual > Volume 6 > Part F > Chapter 5 (Continued)

    第三項要點 Third Prong: On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements

The following are excerpts from the original text.

This last prong requires the petitioner to demonstrate that the factors in favor of granting the waiver outweigh those that support the requirement of a job offer and thus a labor certification, which is intended to ensure that the admission of foreign workers will not adversely affect the job opportunities, wages, and working conditions of U.S. workers. [56]

I think if there are people who care about TSMC, they know more or less about the dispute between the Arizona union and TSMC. The third point to review is that in addition to the fact that there is no negative impact on the employment and work environment in the United States, the auditor is more interested in whether it can have a more positive impact, as described below.

Therefore, in establishing eligibility for the third prong, petitioners may submit evidence relating to one or more of the following factors, as outlined in Matter of Dhanasar :
  • The impracticality of a labor certification application; [58]
  • The benefit to the United States from the prospective  noncitizen’s contributions, even if other U.S. workers were also available; [59] and
  • The national interest in the person’s contributions is sufficiently urgent, [60] such as U.S. competitiveness in STEM fields .

My master's degree is a master's degree in biomedical engineering from the University of Michigan, which coincides with the pursuit of competitiveness in STEM fields in the United States. However, degree relevance alone is not enough to convince the auditors, and it is best to tie it to national policies, which will be explained in more detail and examples later.

More specific considerations may include:
  • Whether urgency, such as public health or safety, warrants foregoing the labor certification process;
  • Whether the labor certification process may prevent an employer from hiring a person with unique knowledge or skills exceeding the minimum requirements standard for that occupation, [61] which cannot be appropriately captured by the labor certification; [62]
  • Whether the person’s endeavor has the potential to generate considerable revenue consistent, for example, with economic revitalization; and [63]
  • Whether the person’s endeavor may lead to potential job creation.

During the Biden administration, there was a lot of emphasis on bringing manufacturing back to the U.S. (and then reading the president's executive order), and my first and second jobs happened to be as a control engineer in the manufacturing industry. Therefore, it is urgent for the overall interests of the country. The company in the second job is also one of the manufacturers that provide products to vaccine manufacturers, and it has contributed a lot to the fight against COVID-19, so it is also important for public health. At the same time, the supply chain disruptions caused by COVID-19 also have a significant impact on U.S. national security.

The second fluorescent green text says that Labor Certification can only verify whether a person has basic ability, but for readers/NIW applicants, it is not enough to test your special talents in various fields. I think most people write this in a cover letter, so it's a necessary but not a sufficiency.

The third fluorescent green letter goes back to the Biden administration's policy direction of strengthening the revitalization of the U.S. domestic manufacturing industry, declaring that it will bring the manufacturing industry back to the United States, revitalize the U.S. domestic manufacturing industry, and then continue to generate large-scale profits. In this part, we will cite official and non-governmental documents and data to support it, and we will never just bluff with one mouth.

The last one is to create more jobs, which is the point that writing a cover letter will definitely focus on. In addition, there are plans to improve the gap between the rich and the poor, narrow the gap between urban and rural areas, and promote STEM online education.

(iv) Specific consideration for an advanced degree in science, technology, engineering, or mathematics (STEM).

Next, let's look at Chapter 5 - Advanced Degree or Exceptional Ability The 2. Specific Evidentiary Considerations for Persons with Advanced Degrees in Science, Technology, Engineering, or Mathematics (STEM) Fields Let's take a look at what kind of evidence can be used to demonstrate that readers of STEM fields are capable of accomplishing or contributing to the goals you have proposed.

Here are a few excerpts.

USCIS recognizes the importance of progress in STEM fields and the essential role of persons with advanced STEM degrees in fostering this progress, especially in focused critical and emerging technologies [65] or other STEM areas important to U.S. competitiveness [66] or national security . [67]

The references [66] and [67] in the original text are excellent and can be used as materials for writing a cover letter.  

The lists of critical and emerging technology subfields published by the Executive Office of the President, by either the National Science and Technology Council or the National Security Council, are examples of authoritative lists. [68] Officers may find that a STEM area is important to competitiveness or security in a variety of circumstances, for example, when the evidence in the record demonstrates that an endeavor will help the United States to remain ahead of strategic competitors or current and potential adversaries, or relates to a field, including those that are research and development-intensive industries, [69] where appropriate activity and investment, both early and later in the development cycle, may contribute to the United States achieving or maintaining technology leadership or peer status among allies and partners.

If your major appears in the reference document [68], congratulations! You can cite this document in your Cover Letter to demonstrate its national importance to the United States. The reference document [69] can use the third bullet point above in conjunction to convince the auditor to waive your PERM and Labor Certification to avoid economic losses to the U.S. and the country.

For the second prong, as mentioned above, the person’s education and skillset are relevant to whether the person is well positioned to advance the endeavor. [71] USCIS considers an advanced degree, particularly a Doctor of Philosophy (Ph.D.), in a STEM field tied to the proposed endeavor and related to work furthering a critical and emerging technology or other STEM area important to U.S. competitiveness or national security, an especially positive factor to be considered along with other evidence for purposes of the assessment under the second prong. [72]

It is emphasized here that a Ph.D. degree in a STEM field that is important to the United States in international competition and national security is a special plus, but it is not said to be a requirement. Some rumors that you need a PhD to apply, and this may be the case.

Finally, the original article sorted out three key points, describing what a strong application case looks like, and the author will directly help you draw the key points.

When evaluating the third prong and whether the United States may benefit from the person’s entry, regardless of whether other U.S. workers are available (as well as other factors relating to prong three discussed above, such as urgency), USCIS considers the following combination of facts contained in the record to be a strong positive factor:
  • The person possesses an advanced STEM degree, particularly a Ph.D.;
  • The person will be engaged in work furthering a critical and emerging technology or other STEM area important to U.S. competitiveness; and
  • The person is well positioned to advance the proposed STEM endeavor of national importance.

Then read the next article on how to write a cover letter for your application.

The author also has the following articles, please advise.

Cited Data :

  1. Matter of DHANASAR, Petitioner
    Thanks to Dr. Dhanasar's struggle, Nike's audit horizons have been broadened. So if you study NIW, you've probably seen the name Dhanasar.
  2. EB2 NIW application mistakes to avoid
  3. 8 misconceptions about EB-2 NIW green card process
  4. Publications and citations for NIW green card
  5. New version of ETA-9089 form
  6. How to qualify for National Interest Waiver
    This article mentions how to find government information to support your application.
  7. How to assemble the I-140 petition for EB2 NIW
  8. EB-2 NIW processing time
  9. EB2 NIW cover letter : what it is and how to prepare one
  10. Personal Statement for EB2 NIW
  11. A guide to EB2 NIW Recommendation Letters
  12. The Adjustment of Status for EB2 NIW
  13. Concurrent or separate EB2 NIW application?
  14. Understanding Retrogression: What It Means, Why It Happens, and How to Manage It
  15. Traveling during green card process
  16. Guide to Consular Processing for EB2 NIW green card

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