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?
2 Answers from Attorneys
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.
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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