Legal Question in Immigration Law in Texas

National interest waiver

My husband has a H-1 visa. I have a H4. I

have a Phd in education. I meet the NIW

criteria. However, my concern is about the

job I want to propose. I would like to keep

writing (freelance) and/or work part-time

in educational research. Can one apply for

a NIW and seek self-employment?


Asked on 9/18/06, 2:08 pm

2 Answers from Attorneys
Carol Saliba Attorney at Law

Re: National interest waiver

Yes, the NIW actually waives the job offer requirement, so it's possible for you to be applying on your own behalf, but only if you can show that your work will be involved in an area of "substantial intrinsic merit", among other requirements. It's often difficult to meet this requirement if you are not involved with an institution or a research/educational facility. This is a very complicated area of immigration law, with which you should seek professional and competent assistance.

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Answered on 9/18/06, 2:57 pm
Neena Bohra Law Offices of Neena Bohra

Re: National interest waiver

It is not enough to be awarded a Ph.D degree in a particular field for NIW eligibility. There is much more involved as this is a category reserved for those with substantial proven accomplishments as well as future potential.

You may email me for a detailed consultation.

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Answered on 10/02/06, 4:01 pm


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