NIW (National Interest Waiver) Supporting Evidence / Supporting Materials

The list below covers evidence commonly included with our EB-2 NIW (National Interest Waiver) petitions. It is not exhaustive; it gives a general idea of the evidence that can support an NIW case. Not every NIW petition requires all of this evidence, and the quality of the evidence determines what is included.

Letters of Recommendation: Recommendation letters are a crucial part of an NIW (National Interest Waiver) petition. Independent letters — from people who have never worked or studied with you, collaborated with you, or advised your work — carry far more weight with USCIS than letters from dependent recommenders, so weigh that when selecting recommenders. Letters should discuss your research contributions and their significance in layman's terms and comment directly on how your work benefits the United States. They are also an excellent opportunity to show that your work has been implemented; a letter from someone who has used your work and explains how strengthens your case. As part of our service, we draft every recommendation letter for you. We advise you closely on selecting recommenders and on how many letters your case needs. In drafting, we set a clear strategy so each letter contains every statement needed to substantiate the petition's claims and covers your work comprehensively. We never use templates, tailoring each letter to your individual needs and case strategy. Click here to see more about NIW recommendation letters and our letter drafting services .

Evidence of influence: To show the degree of influence you have had on your field, highlight every instance in which your work has been applied or used. Citations demonstrate this well, but recommendation letters, patent commercialization, contracts, and article downloads can also serve. The petition should highlight as many instances of implementation as possible and document each one.

Objective Evidence: Include objective evidence of the foreign person’s contributions to establish his or her record of achievement in the field. Objective evidence takes many forms, but it must concretely prove the foreign person’s accomplishments and influence.

1. Publications & Citation Records: (including journal articles, book chapters, and books) Include a complete publication record with the petition to show the alien's past record of scientific achievement. Publication alone does not demonstrate influence in the field, however. Pair the publication record with a citation record showing the influence of the alien's work and that other researchers in the field use it. Journal impact factors and the field's average citation records can further show influence above that of the average researcher in the field. Note that no "magic number" of citations guarantees NIW (National Interest Waiver) approval, and many strategies can offset a low citation record

2. Conference Presentations and Proceedings: Conference presentations and proceedings further demonstrate your past record of achievement and the level of influence you have had on your field.

   Examples: Invited talks from prestigious organizations such as IEEE, published abstracts in conference proceedings, participation in conferences that require outstanding achievement or a distinguished reputation

3. Awards: USCIS does not consider every award prestigious, but a sufficiently selective award can show your standing in the field and the recognition of your work. Accompany evidence of an award with statistics showing how many people were considered, how many won, the selection criteria, and who judged it. An award shown to be highly selective and won on outstanding achievement in the field can distinguish you from your peers and show that you have risen above the average worker in your field.

   Examples:

   -Awards open to your entire field, or to the entire U.S. or world. The award should not be limited to a single institution or designated only for students. For instance, USCIS generally does not consider “Best Student Paper” awards or travel grant awards prestigious.

   -Best conference paper awards, best journal paper awards, or other awards demonstrating achievement above others in the field of endeavor

4. Media Coverage: Media coverage further demonstrates the influence of the foreign person’s work in the field. Generally, the more prominent the outlet and the larger its audience, the more likely USCIS is to recognize the coverage as an indicator of the significance and influence of that work

   Examples: ScienceNews Daily, any major news outlet (CNN, New York Times, USA Today, etc.), major trade journals or publications

5. Funding or grants (especially is U.S. government funding): Evidence of funding shows the significance of your work; U.S. government funding, in particular, can clearly show that your work has substantial intrinsic merit and is recognized as being in the national interest. Larger amounts of funding carry more weight.

   Examples: U.S. government funding (National Institute of Health, Department of Energy, U.S. Army or Military, NASA, etc.)

6. Memberships: Memberships requiring outstanding achievement (above that of the average worker in your field) generally evidence that you have distinguished yourself from your peers. USCIS does not generally consider memberships that require only the payment of a fee significant.

7. Judge of the Work of Others: Evidence of peer review, editorial positions, or other judging of the work of others illustrates your expertise and high standing in your field. Accompany it with an explanation of the selection process and the significance of the position, showing how the role distinguishes you from your peers.

   Examples: Peer reviewer for a scholarly journal (note: you must provide evidence that you have completed the reviews, invitations alone will not be sufficient evidence), member of an editorial board of a scholarly journal, Associate Editor of a Scholarly Journal, conference chair, judging an artistic competition or exhibition, judging an award for excellence in your field

8. Evidence of Commercial Success: In the performing arts, provide evidence of your work's commercial success in the form of sales figures and revenues
9. Evidence of High Salary: A high salary can distinguish you from your peers. Evidence should include a letter from your employer, pay stubs or W-2 tax returns showing your salary, and corroborating evidence that your salary is above the average for workers in your field
10. Evidence of requests for your work: Evidence of requests for your work shows the influence your work has had on your field, such as e-mail requests for your work, high numbers of article downloads, or requests for collaboration.

In sum, present a variety of evidence showing how the alien qualifies for a National Interest Waiver, because merely listing the alien's achievements is not enough. Take a holistic approach so that the petition, recommendation letters, and supporting evidence together prove the alien's qualification. That is our goal, and by keeping the three-prong test in mind at every stage of case preparation, we ensure your petition addresses every necessary aspect of the National Interest Waiver requirements.