Use this checklist to evaluate if your background and experience may align with the USCIS standards for a successful NIW petition under the Dhanasar framework.
NIW CORE REQUIREMENTS (You must meet all three):
- Substantial Merit and National Importance
- Teaching in a high-need subject such as Math, Science, Special Ed, or Bilingual Education
- Working in a Title I or underserved public school
- Serving low-income, marginalized, or high-minority student populations
- Can provide letters from school or district leadership about your educational impact
- Well-Positioned to Advance the Work
- At least 2–3 years of teaching experience in the U.S.
- A Master’s degree or higher, or highly specialized certifications
- Valid teaching license or credential
- Awards, honors, or distinctions in education
- Leadership roles (e.g., grade-level chair, program coordinator, mentor)
- Published curriculum, research, or conference presentations (if applicable)
- Waiving PERM Benefits the U.S.
- There is a clear need for your continued presence (such as school staffing shortages)
- Requiring labor certification (PERM) would delay or hinder student learning
- You bring unique value that is not easily replaced in the labor market
NIW SUPPORTING DOCUMENTATION (Strengthens your case)
- Personal statement explaining why you want to stay in the U.S. as a teacher
- Student outcome data, testimonials, or measurable program impact
- Letters of support from school administrators or supervisors
- Evidence of continued contributions to the school or district
- Proof of engagement in professional development or training others
BONUS STRENGTH INDICATORS
- Having a U.S. citizen child or long-term U.S. ties (may support hardship, if relevant)
- Recognition by local or national media
- Active involvement in community outreach or school-based initiatives
- Serving in dual roles (e.g., teacher and department head, coach and coordinator)
READY TO TAKE THE NEXT STEP?
If you meet most of these qualifications and have a strong personal reason to remain in the U.S., you may be a good candidate for the NIW.
Teach-USA does not offer legal advice, but we are happy to refer qualified teachers to trusted legal professionals.