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Practice Note
 
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? 


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