9999 Bellaire Blvd. Suite 360
Houston, Texas 77036
Tel: 713-339-4200,1-800-281-7400
Fax: 713-339-4299, E-mail: info@linlawfirmusa.com

    E-2 Visa (Treaty Investors)
    L-1 Visa (Intra-company Managers)
    H-1 Visa (Speciality Occupation)
    H-2B Visa
    J-1 Visa (Exchange Scholars)
    O-1 Visa (Extraordinary Ability)
    K-1 Visa (Fiance)

   EB-1 (Extraordinary Ability/Outstanding Researcher/Professors)
    EB-1 (Managers)
    EB-5 Investor Immigration Resource Center **new**
    National Interest Waiver
    Labor Certification - PERM
    Schedule A Position - Physical Therapist
    Religious Immigration
& R-Visa
    Family Based Immigration

    DACA - Deferred Action EAD for Dreamers**new**
    Asylum Frequently Asked Questions

    Immigration Detention
    Bond Hearing With Immigration Court
    Immigration Bond
    Posting Bond and Condition of Release from Detention
    Removal Proceeding
    Expedited Removal
    Why Lin & Valdez LLP

Eb-1 NIW
NIW Tips (1): How Important Is the Number of Publication and How Many Is Enough?

One myth people always have in NIW application is that the applicants must have many publications to be qualified for NIW.  It is, anyway, just a myth.  Unfortunately, we are frequently asked of this question whenever we are asked to evaluate NIW resumes.

Why is it just a myth?  The reason is actually quite simple.  While the number of publication is a good reference to the USCIS examining officer about the academic achievement or level of activities of the applicants, academic achievement or level of activities, however, are not decisive factors in NIW application.  As a matter of fact, they are not even among the statutory factors for NIW.

Remember that according to Matter of NY State Dept. of Transportation, the three NIW factors are (1) seeking employment in an area of substantial intrinsic merit, (2) benefit is national in scope, and (3) national interest would be adversely affected if a labor certification were required.  In other words, the applicants must prove that the “interest” he or she will generate to the nation is so great as to outweigh the US interest in commanding labor certification process to the alien.  Unlike the application for EB-1 in alien of extraordinary where the applicant needs to prove that he/she is “one of the few in the top of the field”, in NIW applications, the focus, as the name indicates, is in “national interest” the applicant will generate to the US.  The number of publication, as such, is not as important as in EB-1 petitions.


As a consequence, many non-research or academic positions have been approved of NIW.  For example, approved NIW cases have included president of multi-national company or businessman creating jobs in the US, investment analyst, or even music professionals and TV reporters.


Now you can see why I said it is just a myth, right? 

Back to Eb-1 NIW Menu Back to Top

© 2018 Copyrights Lin & Valdez L.L.P. All Rights Reserved | Sitemap

  Case Status Online

  More ...

Approval Notices
  11/06/13 H-1, Approval
  11/02/13 Asylum, Granted by Court
  11/01/13 Bond for Release, Granted
  10/27/13 H-1, Approval
  10/19/13 Withholding of Removal, Granted by Court
  10/13/13 L-1A, Approval
  10/13/13 Bond for Release, Granted
  10/12/13 L-1A, Approval
  10/06/13 H-1B, APPROVAL
  09/20/13 K-1 FIANCE, APPROVAL

Processing Report
  California Service Center
  Nebraska Service Center
  Texas Service Center
  Vermont Service Center

Visa Bulletin
  Visa Bulletin for November 2013
  Visa Bulletin for October 2013