NIW Waiver Eligibility

[aspire4usa]

Hi,

Looking for an opinion from experts if they think we can qualify for NIW:
- I possess Bachelor of Eng with 18+ yrs of exp# in IT, currently on L1A (employer not ready to file GC). My spouse has Master in Eng and has 15+ exp# as University tutor. She hs written few papers (at National level in India) and couple of them at International level. She has EAD, but problem is hat employer is not ready to file GC for myself.

Suggest?

[scientist2016]

Not enough information. For a successful NIW petition, one needs to prove that the lengthy process associated with labor certification, etc., associated with a typical EB petition, can be bypassed since the benefit for the US in approving the petition outweighs the cons of not going through the certification process. Previously this meant showing that the petitioners area of work is beneficial to the US on a national scale as well as proving that the petitioner's own work has nationwide implications. Recent precedent decision from the AAO has reduced this burden somewhat (actually made the hazy subjective areas around the NIW eligibility a bit more concrete and objective). Having said that, just publishing a few papers does not make it beneficial for the US. The strength of the petition can only be judged with more details.