What is the National Interest Waiver? What are the requirements for a NIW? How do I apply for a NIW?
What is a National Interest Waiver?
A National Interest Waiver (NIW) exempts the immigrant applicant from the job offer and labor certification normally required in an employment-based immigrant visa application. The labor certification process exists to protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing qualified U.S. workers.
Applicants must establish that their admission to the United States for permanent residency and the waiver of the job offer and labor certification requirement would be in the national interest. This waiver allows applicants to self-petition, because there is no requirement of a job offer.
Who qualifies for a National Interest Waiver?
The jobs that qualify for a national interest waiver are not defined by statute. Generally, NIWs are granted to those who have exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered” and whose employment in the United States would greatly benefit the nation.
What is the general criteria for a National Interest Waiver?
You must meet at least three of the criteria below and demonstrate that it is in the national interest that you work permanently in the United States:
How do I apply?
To qualify for an EB-2 visa, you as self-petitioner or your employer must file a Form I-140, Petition for Alien Worker and submit documentation establishing the following requirements:
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