What is a National Interest Waiver (NIW)?
By filing a national interest waiver, a foreign national is requesting that the Labor Certification be waived because it is in the interest of the United States. Jobs that qualify for this waiver are not defined by a specific rule, national interest waivers are usually granted to those who possess exceptional abilities — and their employment will greatly benefit the nation.
This type of petition can be self-petitioned (an employer does not need to provide sponsorship). Under the new ruling, the self-petition EB-2 national interest waiver is more widely available.
However, obtaining an employment-based green card can be a long and intensive process. Each preference level has its advantages as well as disadvantages. There are two types of green cards that evade both the labor certification and job offer requirements.
Case Summaries
EB-1 green card
EB-2 green card
At Ustun Law Group, PLLC, our National Interest Waiver attorney can help you smoothly navigate through the complex process.
EB-2 National Interest Waiver Requirements
The immigrant must show that his/her proposed endeavor is considered to have substantial merit and national importance. This merit can be shown through areas like business, technology, health, science, culture, or education. However, you need to keep in mind that meeting this requirement does not create approval for the field of endeavor and the US government shall review applications on a case-by-case basis.
The foreign national must be able to advance the proposed endeavor. This means that the USCIS will look at factors such as your educational background, experience, relevant skills, current progress, and record of similar success.
The applicant must present evidence that the states would benefit on balance to waive the job offer criteria for an EB-2.
The Documents Required
There are various documents needed when you apply for National Interest Waiver (NIW). At Ustun Law Group, PLLC, our National Interest Waiver attorney helps you compile them.
Here are the documents you need:
- Form I-140
- Form ETA-750B
- Proof that applicant has an advanced degree or exceptional ability
- Petition letter drafted by EB-2 NIW attorney
- Letters of recommendation
- Affidavits from leaders in your field
- Evidence of past achievements, mentions, or recognition
- An updated Resume
- Evidence of memberships, publication citations, conferences, or other articles
You will need to attach all these documents with your petition to be considered eligible for the NIW green card. If your petition is approved, you will be able to move onto the next step, but only if your priority date is current.
Once your date is current, you can either adjust your status if you are in the U.S. under a valid nonimmigrant status, or you can go through consular processing if you don’t have a valid status. For more information on this, contact our National Interest Waiver attorney now.