What is a National Interest Waiver and do I meet the criteria?

Ding Babb Law group has had a recent influx of National Interest Waiver requests and clients. To that end, we wanted to put out some information on what an NIW is, why it is important, and who qualifies. NIW (National Interest Waiver Green Card) is a special category of EB-2 second preference visa. It does not require a U.S. employer to sponsor the application, does not require an employer to provide a permanent work commitment, and does not require a labor certification PERM. However, the current USCIS’s expedited service for NIW is limited to applications submitted before August 1, 2021.

The NIW application preparation process generally takes anywhere from one to several months, depending on how quickly the applicant obtains the necessary documents. We will assist you in preparing materials for more efficient processing. The NIW application process also needs to follow the EB-2 schedule. If you are interested, it is recommended to prepare materials as soon as possible under professional guidance of an immigration attorney.

The following are the application requirements of the USCIS for NIW:

• As a category of EB-2, NIW must first meet the basic requirements of EB-2; specifically, NIW applicants must have advanced degrees or have special skills beyond their peers in the professional field. Likewise, they need to have an authoritative reputation in their industry. Their industry must also be one of significant positive impact or of a national interest to the United States. This impact needs to far exceed the need of the US government to protect the interests of local employees.

  
  

• Possession of an advanced degree means a master's degree or above from an American university or a foreign equivalent university; or, a bachelor's degree from an American or foreign equivalent university and more than 5 years of work experience.

  
  

• If you do not have an advanced degree, you still might have a chance. The Immigration Bureau stipulates that at least three of the following criteria must be met:

  
  

  • You have received an official academic certificate issued by a college, university or other education and training institution in your professional field;

  • You have more than ten years of full-time work-related professional experience in your professional field;

  • You have a professional license to work in a related field;

  • You receive high salary relative to others in your position or other remuneration due to your professional skills;

  • You are a member of a professional association;

  • You have been invited to review the work of your peers;

  • You have been recognized for your achievements or significant contributions;

  • Other achievements that can demonstrate your contributions professional field such as publications, patents, records, awards, conference invites.

    
    

Because an NIW does not require an employer sponsor, it has special additional criteria:

• Your proposed endeavor has both substantial merit and national importance to the United States;

• You are well-positioned to advance the proposed endeavor; and

• All things considered, it would be beneficial to the United States to waive the requirements of a job offer and labor certification.

  
  

Put differently, it needs to be shown that if the U.S. government requires the applicant to apply for a labor certification, it will be detrimental to the U.S. national interest.

Sufficient evidence is necessary; USCIS values the quality of the materials rather than the quantity. Any one piece of evidence is usually not entirely decisive; judging an application is a holistic process. Applicants inside or outside the United States can apply for NIW, but it is more difficult if they are outside.

Except for advanced degrees, which are easy to judge, the rest of the application criteria concepts are relatively abstract, and the process of NIW evaluation and material preparation is fairly complicated. If you are interested, please contact us at info@dingbabb.com or make an appointment for one of our special NIW evaluation consultations.