What Most People Get Wrong About the NIW
Many people believe that the EB-2 National Interest Waiver (NIW) is only available to PhD researchers, university professors, or inventors with patents. However, that is not always the case.
An Aircraft Maintenance Professional Approved Without an RFE
We recently secured a straight approval with no Request for Evidence (RFE) in less than two months for a client whose background is very different from the traditional applicant profile. This individual works in aircraft maintenance for a major Korean airline.
Advanced Skills, Real-World Impact – Not Academic, but Essential
The applicant holds a bachelor’s degree in engineering and maintains several qualification certificates required in the field of aviation mechanics. Their role involves using big data and statistical tools to detect and prevent aircraft defects. This is highly specialized technical work that directly affects passenger safety and operational reliability. While their work is not academic and they did not have patents or publications, the petition was still approved. In fact, the application included only two recommendation letters.
No Publications, No Patents, No Problem
The strength of the case came from a clear national interest argument. We demonstrated that the applicant’s expertise contributes to aviation safety, a priority that is directly tied to U.S. infrastructure, public welfare, and national defense. To support this, we referenced official policy statements and public reports from the President of the United States, the Department of Defense, and the National Transportation Safety Board. These sources helped establish that the field of aviation maintenance, especially when integrated with data analysis for defect detection, holds substantial merit and national importance.
What This Case Means for Technical Workers
This case is a reminder that you do not need to be a researcher or academic to qualify for an NIW. If your work supports a critical industry, serves the public interest, or enhances national safety and infrastructure, your case may be viable. Specialized professionals with hands-on skills, even if not working in the U.S. yet, may still qualify under the NIW framework if their proposed contributions align with national priorities.
The approval of this petition shows that skilled professionals, including those in technical and maintenance roles, should not assume that the NIW is out of reach. If your expertise addresses key national needs, there may be a path forward.
Wondering If You Qualify for an NIW? Let’s Talk
If you work in a specialized technical field and are unsure whether you may qualify for an NIW, feel free to reach out. Each case is different, and many professionals who do not fit the typical profile still have strong potential.
Disclaimer: This case summary is provided for informational purposes only and should not be taken as a guarantee of future results. Every case is unique, and past approvals do not guarantee success in any particular case. If you are considering an NIW petition, we encourage you to seek a professional evaluation of your specific qualifications.
Thath Kim II
US Attorney
Licensed in Oregon
14F 1425, 311 Gangnam-daero, Seocho-gu, Seoul, Republic of Korea