A National Interest Waiver (NIW) allows people who have “exceptional abilities” in the arts, sciences, or business to obtain lawful residence in the U.S. without an employer-sponsor.

The NIW is a subset of an EB-2 employment-based visa for permanent U.S. residence (a green card). It is available to people who are engaged in work that benefits the economy, educational system, health, or some other aspect of United States society. People who are eligible for an NIW are often members of a profession who hold an advanced degree or its equivalent, or individuals who have exceptional abilities.

An application for an NIW requests that the requirement of a labor certification be waived because the applicant’s immigration is in the interest of the United States.

NIW Eligibility & Benefits

Eligibility for an NIW is ambiguous, but often includes:

  • Jobs that are not defined by statute
  • Individuals who have exceptional abilities
  • An individual whose employment would greatly benefit the United States

Qualifying for a National Interest Waiver

To qualify for an NIW, an individual must have an advanced degree, and their proposed endeavor must have both substantial merit and national importance.

The individual must be well-positioned to advance their proposed endeavor, and it would be in the best interests of the United States to waive the requirements of a job offer and, thus, the labor certification.

According to the United States Customs and Immigration Service (USCIS), a successful applicant for an NIW will have:

  • Exceptional abilities in science, art, or business
  • A degree of expertise significantly above that ordinarily encountered in their field

In addition, the applicant must provide:

  • An official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution that relates to their area of exceptional ability
  • Letters documenting at least 10 years of full-time employment in their professional or occupation
  • Evidence of a salary that demonstrates exceptional ability
  • Membership in a professional association
  • Recognition by peers, government entities, or professional or business organizations of achievements and significant contributions to the industry

Defining “National Importance” for Purposes of a National Interest Waiver

When considering whether a proposed endeavor is of “national importance,” immigration officers will consider the prospective impact of the applicant’s proposed endeavor. To establish an endeavor’s national importance, an applicant should include:

  • A detailed description of the proposed endeavor and why it is of national importance
  • Documentation that supports the individual’s statements and establishes the national importance of the proposed endeavor
  • Evidence that the proposed endeavor will have national or even global implications in a particular field
  • A description of the positive impacts of the proposed endeavor, such as enhancing societal welfare or cultural or artistic enrichment, or the impact of a matter that a government entity has described as having national importance

Benefits of Choosing a National Interest Waiver

In most EB-2 visa applications, the applicant must have an employer-sponsor who has offered a permanent job and has “tested” the labor market to determine whether there are any qualified workers in the U.S. But with an NIW, the USCIS decides to “waive” the requirements of employer sponsorship and labor certification because the applicant’s work is so important that there is no need to give priority to a U.S. worker.

The benefits to applying for an NIW are:

  • No labor certification is necessary
  • No job offer or permanent position is required
  • Self-petition is allowed
  • No need to prove “extraordinary abilities” as required for an EB-1 visa
  • Most visas are current

Is a National Interest Waiver Right for You?

  • Do you have an advanced degree or “exceptional abilities” in the arts, sciences, or in business?
  • Are you a leader in your field?
  • Do you work in an area of expertise that has an impact on national or worldwide issues?
  • Does your proposed endeavor have substantial merit and national importance?

If you answered yes to these questions, then a national Interest Waiver might be right for you.

How to Apply for a National Interest Waiver

Applying for a National Interest Waiver is a complex and intensive process. To improve your likelihood of success, you should work with an experienced immigration attorney who can assist you in collecting the information and supporting documentation required for a National Interest Waiver, and preparing and filing your application.

Living and Working in the US

If your application for an NIW is approved, you can apply to become a lawful, permanent resident of the United States (green card holder). As a permanent legal resident, you will be granted authorization to live and work in the United States on a permanent basis and enjoy most of the benefits of a U.S. citizen. As a green card holder, you can sponsor other family members for a green card, including your spouse, children, parents, and siblings.

In addition, you cannot be deported to your country of origin and are legally protected by the laws of the United States, your state of residence, and your local jurisdiction. The same laws that apply to citizens of the United States apply to you as a permanent resident.

An Experienced Immigration Attorney Can Help with a National Interest Waiver

To successfully navigate the immigration system and apply for an NIW, it is critical that you work with an experienced, knowledgeable immigration attorney. Our team has years of experience working with USCIS and will guide you through the application process and assist you with collecting and submitting the required documentation to help ensure the best outcome for your immigration application.

Call us at (323) 739-7532 or complete our short online form to schedule a free 20-minute consultation today.