We discussed general tips for EB2 NIW petition letter (cover letter) in one of the previous posts. Today we prepared brief National Interest Waiver cover letter example which may be used as a template. Complete NIW petition letter which helped us significantly to succeed when applying for green card may be found in NIW DIY package.
USCIS recommends to mark the letter by nature of submission (ORIGINAL SUBMISSION / BRIEF FOR AN APPEAL / RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION etc.) and appropriate address (check at USCIS website). The introduction part of National Interest Waiver petition letter may look like this:
July 13, 2013
P.O. Box 660128
Dallas, TX 75266
Re: EB-2 Immigrant Petition for Permanent Residency with request for a National Interest Waiver
Petitioner/Beneficiary: Dr. Zdenek Sverak
Nature of submission: ORIGINAL SUBMISSION
Type of Petition: I-140, EB-2 National Interest Waiver
Classification Sought: Immigration and Nationality Act 203(b)(2)(B)
Dear USCIS Officer:
This letter is respectfully submitted in support of Immigrant Petition for Alien Worker (I-140) by me, Dr. Zdenek Sverak, as a self-petitioner/beneficiary.
We mentioned which statutory and precedent requirements we wanted to prove in this NIW cover letter. We also added very short highlights there too with references to detailed parts of the letter:
I am eligible for EB-2 classification as a member of the professions holding an advanced degree pursuant to section 203(b)(2) of the Immigration and Nationality Act, 8 U.S.C. §1153(b)(2) because I hold a Ph.D. and Master’s degree in Physics and I am employed as a radiation physicist at Johnson’s Radiation Laboratory. See chapter 1 (page 5).
I further submit evidence and documentation to demonstrate that a waiver of labor certification in my specific case is in the national interest pursuant to In re Matter of New York State Dept. of Transportation (NYSDOT), 22 I&N Dec. 3363, Int. Dec. 3363 (Act. Assoc. Comm. 1998).
- I seek employment in an area of substantial intrinsic merit. My research in radiation physics field significantly helps to reduce doses to patients during medical cancer imaging. This research is used also for monitoring of radiation threat. See chapter 2 (page 6).
- Proposed benefit will be national in scope. My unique radiation monitoring equipment for early warning of radiation threat was installed in 8 government facilities of National Government Agency around US and successfully brings superior benefits to national security of the whole country. See chapter 3 (page 10).
- I will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. I have made outstanding contributions to the radiation imaging technology and was first researcher who developed device with sufficient image resolution and significantly lower doses to patients. I also serve as a crucial advisor in National Government Agency and their research projects would be seriously impaired without my contribution. See chapter 4 (page 15).
We have found that few attorney firms and some people in public forums recommend to include even full citation of law applicant wants to meet. We are not sure if this really brings some value for EB2 NIW case. It may look like this:
For the convenience of the adjudicator, a summary of the pursuant law is provided below.
Section §203(b) of the Immigration and Nationality Act states in pertinent part that:
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. –
(A) In general. – Visas shall be made available … to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) Waiver of Job Offer:
(i) … the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States.
Pursuant to 8 C.F.R. 204.5 (k)(2), advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master’s degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
Matter of New York State Dept. of Transportation, 22 I&N Dec. 215, 217-218 (Comm. 1998)(hereinafter “NYSDOT”), has set forth several factors that U.S. Citizenship and Immigration Services (USCIS) must consider when evaluating a request for a national interest waiver. First, the petitioner must show that the alien seeks employment in an area of substantial intrinsic merit. Next, the petitioner must be show that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.
We added brief list of documents (complete list may follow or precede this letter) and explained how we organized evidence.
This letter serves as a guide through all submitted evidence which is placed in following order:
- recommendation letters together with resumes of authors (see Exhibits 1 – 7)
- Advanced Degrees with evaluation reports (see Exhibit 8)
- curriculum vitae (see Exhibit 9)
- evidence supporting my past track of achievements and impact on the field, including
awards, citations, publications etc. (see Exhibits 10 – 20)
- government articles explaining benefits of my research to U.S. nation (see Exhibits 21
- nonimmigrant status of me and my spouse – passports, approval notices, I-94, visas
and marriage certificate (see Exhibits 23 – 25)
Table of contents may be included to clearly show USCIS officer the structure of National Interest Waiver petition letter. We have used chapters and subchapters with names matching NIW requirements.
Content of this petition letter is divided into chapters:
- 1. Advanced Degree Professional
- 2. Substantial Intrinsic Merit
- 3. National in Scope
- 4. National Interest
- 4.1 I Developed New Groundbreaking Method in Radiation Imaging
- 4.2 I am Critical Member of the Team Who Cannot Be Replaced
- 4.3 My Impact on the Field
- 4.4 National Interest Would Be Adversely Affected if Labor Certification Were Required
- 4.5 …
- 5. Nonimmigrant Status of me and my Dependent
- 6. Summary
NIW cover letter may continue with complete explanations and details in chapters with appropriate names as already mentioned above. In fact, National Interest Waiver petition letter may be structured in chapters with more traditional names (e.g. Education, Background, Work Experience, Awards etc.) but USCIS officer must find easily how applicant satisfied 4 required National Interest Waiver criteria. Quotations from letters of recommendation and references to all necessary exhibits should be included. See short example of subchapter:
4.1 I Developed New Groundbreaking Method in Radiation Imaging
Standard radiation imaging, used for example for screening of the broken bones or early discovery of the cancer tumor, exposes patients to harmful radiation X-rays. [Detailed explanation…]
U.S. Food and Drug Administration (FDA), agency within the U.S. Department of Health and Human Services, describes significant increase of harmful effect of radiation dose deposited to patients: “In the early 1980s, medical X-rays made up about 11 percent of all the radiation exposure to the U.S. population. Current estimates attribute nearly 35 percent of all radiation exposure to medical X-rays.” (see Exhibit 21, page 2). Thus the medical imaging is never ending battle between high quality pictures and low radiation dose deposited to patients.
I have developed new method X-Med imaging which solves this problem by significant reduction of the radiation dose absorbed to human body during medical screening. [Detailed explanation how it works in layman’s language] (see Exhibit 14, page 5).
Dr. John A. Doe, independent outstanding expert, Senior Physicist at National Radiation Laboratory, explains importance of my contribution: “Dr. Sverak introduced new outstanding method… [confirming applicant’s words and explaining some details] … My team in National Radiation Laboratory used his method and received significantly better results compared to older method. Images have even higher quality and sharper contrast and radiation dose to patient was lower more than 30 percent. Hence Dr. Sverak’s X-Med method belongs to extraordinary discoveries in our field.” (see Exhibit 2, page 3)
Moreover, this groundbreaking method enables more precise and safer breast cancer recognition, as confirms Dr. John B. Doe, professor from Stanford University: “[Another confirming and detailed testimony…]” (see Exhibit 3, page 2)
I published principles and results of X-Med method in several high impact factor peer-reviewed journals (see Exhibit 15). My articles were widely accepted by other scientists and had a great impact on the whole field of radiation imaging physics. This can be seen by more than 100 citations of these particular papers (see Exhibit 16). After publishing this method I was invited as a speaker to Medical Imaging Conference 2010 held in New York, USA (see Exhibit 17.1) and I was also asked to review scientific articles in IEEE Medical Imaging Journal (see Exhibit 17.2, page 2). This Journal is very prestigious in the field of radiation imaging physics which is demonstrated by its higher impact factor 3.4 compared to other journals in this field (see Exhibit 17.3).
This was just a brief example of one chapter part. We didn’t show all NIW requirements which must be demonstrated in National Interest Waiver petition letter – these were already discussed many times in our previous posts. Get inspiration for example in the post NIW recommendation letter sample. You may follow also general tips in the article about NIW petition letter.
All important facts and arguments are summarized at the end of the NIW cover letter. It is possible that USCIS immigration officer will read only this summary so it should cover briefly all National Interest Waiver requirements here. Summary should show the best arguments and highlights of applicant’s NIW case.
Final part of NIW cover letter can thank to USCIS officer for consideration of National Interest Waiver application. Applicant shouldn’t forget to SIGN NIW petition letter!
Thank you for your time and consideration of my request.
Zdenek Sverak, Ph.D.
Johnson’s Radiation Laboratory
NIW petition letter is like putting puzzle pieces together – trying to “build” a balanced combination of detailed explanations supported by persuasive evidence and followed by pieces of testimonies from NIW reference letters.
Complete National Interest Waiver cover letter as well as all other necessary documents were released in our NIW Do It Yourself package.
If you have another ideas and experience with writing NIW petition letter please share the information with others in comments below. Thank you!