The National Interest Waiver (NIW) is available to foreign nationals of exceptional ability in the sciences, arts, or business, and advanced degreed professionals.
The National Interest Waiver is a procedure to bypass the cumbersome labor certification process which ordinarily is a prerequisite in obtaining permanent residence through the EB2 employment based green card category.
EK Law Office PLLC will prepare and file all the required documents for foreign professionals with advanced degrees, persons of exceptional ability, and a U.S. sponsor applying for Permanent Residence (Green Card).
EB2 National Interest Waiver (NIW) Eligibility – It Is Suitable For:
EB2 National Interest Waiver Benefits
EB2 National Interest Waiver Requirements
A. Person With Exceptional Ability or Advanced Degree Holder
You must be a person with exceptional ability in the sciences, arts, or business, or an advanced degree holder
1.Person With Exceptional Ability
To be classified as a person with exceptional ability, you must provide documented proof of at least three of the following:
a.An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability
b.Letters documenting at least ten years of full-time experience
c.A license to practice the profession or certification for a particular profession or occupation
d.Evidence that you command a salary or other remuneration for services which demonstrates exceptional ability
e.Membership in professional associations
f.Documents which prove recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations
If the above standards do not apply, the USCIS may also accept other comparable evidence of eligibility.
2.Persons Holding Advanced Degrees
To be classified as a person holding an advanced degree, you must possess a master’s degree or a bachelor’s degree with at least five years progressive post-bachelor degree experience.
B. Your Occupation Is In The National Interest
The term “National Interest” has not been defined in the statute. However, the Administrative Appeals Office of the USCIS set forth a list of factors that are to be considered in applying the national interest test to foreign nationals.
Factors that may be considered in determining national interest include, but are not limited to:
C. Unique Knowledge And Abilities
You must possess unique knowledge or abilities that set you apart from other professionals and you will use these attributes in activities that will significantly benefit the Nation.
D. Adversely Affects The Nation
The national interest must be adversely affected if a labor certification were required. You must submit sufficient proof that your contribution is significant, and the time taken for traditional labor certification process would severely impair national interest.
EB2 National Interest Waiver Notes