National Interest Waiver: A Guide to Understanding the Requirements and Process

National Interest Waiver: Everything You Need to Know About the NIW

The NIW is a way for highly qualified individuals to obtain a green card without a job offer. It is a self-petition process, meaning the applicant petitions on their own behalf. To qualify for the NIW, the applicant must demonstrate that their work is in the national interest of the United States. This can be done by showing that their work has a significant impact on their field, industry, or the nation as a whole. The NIW is part of the green card process and can lead to permanent residency in the United States.

Overview

If you are a foreign national with skills and abilities in the field of science, arts, business, and/or certain other professions, you may apply for a green card through self-petition without a job offer from a U.S. company and without a company acting as your sponsor. One of the options available to you is the National Interest Waiver (NIW), which is available under the EB-2 immigrant category. Through the national interest waiver, the requirements that you have a full-time job offer and that you have a U.S. employer sponsor you are waived. In this section, we will explore the benefits of NIW, the requirements, the process, the fees, and the processing time.

1. Introduction to the National Interest Waiver

The National Interest Waiver (NIW) is a provision under the EB-2 employment-based immigrant visa category that allows certain foreign nationals to obtain a green card without a job offer from a U.S. employer or labor certification. This option is available to those who can demonstrate that their proposed endeavor in the U.S. has substantial merit and national importance and that they are well-positioned to advance the endeavor.

2. Benefits of NIW

The primary benefits of the EB-2 National Interest Waiver are the ability to self-petition for your green card and the speed of the process. Through the national interest waiver, you do not need to go through the hassle of finding a U.S. employer that is willing to sponsor your immigrant petition. You can file your immigrant petition directly which saves a tremendous amount of time.

3. National Interest Waiver Requirements

To qualify for the EB-2 National Interest Waiver, there are four main requirements that you must meet. Firstly, you must qualify under the EB-2 immigrant category. Secondly, your proposed endeavor in the U.S. must have substantial merit and national importance. Thirdly, you must be well-positioned to advance the proposed endeavor. Finally, you must show that, on balance, it would be beneficial to the United States to waive the requirement that you have a job offer and that a U.S. company undergo the labor certification process.

Qualify Under the EB2 Immigrant Category

To qualify as an advanced degree professional, you must show that the field you plan to work in requires an advanced degree and that you possess an advanced degree or a baccalaureate degree plus 5 years of progressive work experience in the field you plan to work in. To qualify for EB2 based on exceptional ability, you must satisfy at least 3 of the following: 10 years of full-time experience in your field, degree in your field, license to practice in your profession, membership in professional associations, salary/remuneration that demonstrates exceptional ability, recognition of your achievements and significant contributions to your field by peers, governmental entities, or professional business organizations.

Proposed Endeavor in the U.S. Must Have Substantial Merit and National Importance

To qualify for a national interest waiver, you must demonstrate that your proposed endeavor has both substantial merit and national importance. You must show that the work you will be engaging in, while in the U.S., is in a field that is valuable to the national interest of the U.S. USCIS is looking for evidence of the potential prospective impact of your endeavor and whether it has national or even global implications within your particular field.

You Must be Well Positioned to Advance the Proposed Endeavor

To qualify for a national interest waiver, you must demonstrate that you are well positioned to advance your proposed endeavor. USCIS is looking to see your potential to contribute to the national interest based on your prospective work in the field. You must show that you are qualified to pursue a successful result.

You Must Show that, on Balance, it would be Beneficial to the United States to Waive the Requirements of a Job Offer and Thus of a Labor Certification

When determining whether or not you satisfy this requirement, USCIS weighs whether it would be impractical for you to secure a job offer, whether it would be impractical for your prospective employer to obtain a labor certification, whether, even if other qualified U.S. workers are available, the U.S. would still benefit from your contributions, and whether the national interest in your contributions is sufficiently urgent to warrant forgoing the labor certification process.

4. Required Documents to Apply for a National Interest Waiver

The required documents to apply for a National Interest Waiver include Form I-140, Petition for Alien Worker, a detailed cover letter, evidence of your qualifications, and evidence of the substantial merit and national importance of your proposed endeavor.

5. National Interest Waiver Process

The National Interest Waiver process involves filing Form I-140, Petition for Alien Worker, with the USCIS. Once the petition is approved, you can apply for an adjustment of status