AI and NIW (National Interest Waiver)
A post from a while back (source):
NIWs and AI?
He was an AI software engineering leader at a household name and had risen through the ranks.
After five and a half years on an H-1B, it was time to apply for a green card, which his employer gladly initiated.
Except for one major issue - a mistake on his PERM had been found late in the green card process, which resulted in a denial of my client’s PERM.
My client had therefore no options available to remain in the U.S.,
Except for NIW.
Yes, the National Interest Waiver for which the bar to meet is usually incredibly high.
My client also did not have a standard NIW profile. No major publications, just a few speaking gigs here and there at industry conferences.
But we got him over the finish line. Once we started working together, I knew the biggest hurdle was explaining to USCIS how my client’s AI work was of national importance. With a team of legal writers (a core part of the Waypoint Immigration USA team and key to a lot of our case approvals), we were able to sufficiently convince USCIS that my client met the criteria for qualifying for an NIW.
My client’s NIW was approved relatively quickly and he can now extend his H-1B indefinitely. He’s also no longer tied down by one employer.
So yes, AI and NIWs do go hand in hand.
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This post is by Amber G. Davis. She started her career working at a boutique immigration firm before moving on to two different large immigration firms (one of which is one of the largest immigration firms in the world). She’s advised numerous high-tech companies of all shapes and sizes, from startups to top ten Fortune 500 companies, and from nonprofits to companies in the IPO process. She now runs Waypoint Immigration USA, representing only individual employees for EB-1A, EB-2 NIW, O-1, etc. and is well-known on LinkedIn with 7.7K+ followers.
Want to get in touch with Amber? You can reach her at amber.davis@waypointimmigration.org or through a LinkedIn connection note (Amber’s LinkedIn profile).
