If you’re pursuing a green card through the National Interest Waiver (NIW), one of the most important things you can do is stay in close, consistent communication with your attorney. NIW cases are fundamentally different from other employment-based petitions, and they depend heavily on your active participation throughout the process.
What Makes NIW Different?
In many other employment-based green card categories (like EB-2 PERM or EB-3), the employer drives the process. The case is centered on a job offer, labor market testing, and the company’s ability to hire you. While the applicant provides documentation, they often play a relatively passive role.
The NIW is different. It doesn’t require a job offer or employer sponsorship. Instead, it is built entirely around you—your accomplishments, your proposed endeavor, and your ability to advance a field that benefits the United States.
That means your attorney cannot build the case alone. You need to be actively involved in shaping the petition. Your insights, context, and follow-up information are essential to developing the strategy, selecting the right evidence, and clearly articulating your future plans.
Why Your Input Matters
NIW petitions are highly individualized. To make a strong argument that your work serves the national interest, your attorney needs to understand your goals, your impact, and the significance of your contributions. That means working closely together to:
- Define your proposed endeavor with clarity and purpose
- Develop your personal statement and professional narrative
- Identify and gather relevant supporting evidence
- Ensure recommendation letters align with the legal framework
Even the strongest attorney cannot do this effectively without substantive, timely input from the client.
Hidden Strengths Don’t Always Show Up Right Away
Another reason communication is so critical is that your most compelling achievements might not be obvious at first. Sometimes what seems routine or minor to you turns out to be a powerful point in your favor.
Real Example: A Lab Access Detail That Made a Big Difference
In one case, a client casually mentioned in an email that they were considering changing one of their recommenders. That led to a follow-up conversation where we discovered that the original recommender had granted the client free use of a research lab at a U.S. public university.
That detail hadn’t come up during the consultation or in the documents we reviewed. But it turned out to be very important. According to a USCIS policy update issued on January 15, being granted access to U.S. government-funded facilities at no cost is a strong indicator that an applicant is well positioned to advance their proposed endeavor.
Because we caught this detail through continued communication, we were able to incorporate it into the petition and significantly strengthen the case.
NIW Is a Collaborative Process
Think of your NIW petition as a joint effort. Your attorney brings the legal strategy and experience, but you bring the technical background, personal insights, and documentation that make the case real.
We work best when we work together, and that collaboration often continues even after the first drafts of your documents are complete. Every round of review, every follow-up email, every added detail helps us strengthen your case.
Your Role in a Strong Petition
If you are applying for an NIW, remember that this is not a one-size-fits-all process. It is a highly personalized petition that depends on your active involvement and open communication.
Your petition is strongest when you and your attorney are aligned—strategically, factually, and logistically. So stay engaged, stay responsive, and do not hesitate to share information that might seem small. You never know what detail might be the key to success.
Thath Kim II
US Attorney
Licensed in Oregon
11F 1108, Seocho-daero 77gil 17, Seocho-gu, Seoul, Republic of Korea 06614