Is it hard to get an NIW Visa?

pianojangee

Section 203(b)(2)(B)(ii)(I) of the Immigration and Nationality Act (INA), as amended by the Nursing Relief for Disadvantaged Areas Act (Nursing Relief Act) of 1999,1 establishes a national interest waiver of the Department of Laborâ€™s labor certification process for alien physicians petitioning for EB-2 classification (aliens with advanced degrees or exceptional ability). Pursuant to section 203(b)(2)(B)(ii)(I), the Attorney General, now the Secretary of Homeland Security, â€œshall grant a national interest waiver [of the job offer requirement] â€¦ on behalf of any alien physician with respect to whom a petition for preference classification has been filed â€¦ if:

(aa) the alien physician agrees to work full-time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and,

(bb) a Federal agency or a department of public health in any State has previously determined that the alien physicianâ€™s work in such an area or at such facility was in the public interest.
http://www.uscis.gov/files/pressrelease/SchneiderIntrm012307.pdf

NIW is part of Employment Based Immigrant Visa 2nd Preference.

Employment Second Preference (E2)

Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First Preference visas. All Second Preference applicants must have a labor certification approved by the DOL, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program (later). A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the alien may file the petition, Form I-140, along with evidence of the national interest. There are two subgroups within this category:

Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and

Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
http://travel.state.gov/visa/immigrants/types/types_1323.html

To qualify for a national interest waiver the individualâ€™s work must benefit the U.S. in the national interest. Since the term national interest has not been defined in the statute, certain factors are taken into account in determining national interest. These factors include improvement of: the U.S. economy; wages and working conditions for U.S. workers; education, health care, the environment and housing. An interested government agency request is an added factor which is given considerable weight by the USCIS.

Please note that approvals in this category have become more difficult to obtain since August of 1998, due to a case known as the "New York State Department of Transportation" (NYSDOT) case. USCIS is scrutinizing these petitions more carefully and, in many instances, is applying a higher standard similar to the "extraordinary ability" standard. Our Office files applications in these categories on a regular basis and we have been extremely successful in this category even subsequent to the NYSDOT case. Like most immigrants to the U.S., these highly skilled immigrants in this category contribute richly to the diversity and strength of the U.S. and not only help themselves by being here but help to make the U.S. a better and stronger country.
http://www.murthy.com/niw.html

Ya Boi

shouldnt be as long as you dont have a criminal record or nothing like that

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