Obtaining a National Interest
Waiver in the United States
A National Interest Waiver (NIW) allows highly skilled or accomplished individuals to self-petition for an EB2 visa. Unlike other employment-based visas, this process bypasses the need for employer sponsorships or PERM labor certification to apply for permanent residency (become a green card holder).
This guide will break down everything you need to know about the national interest waiver—from eligibility requirements to getting a green card. If you want a more in-depth assessment of your situation for this visa option, our immigration lawyers from D’Alessio Law will be glad to handle your case.
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NIW Green Card Eligibility Criteria
To qualify for an NIW green card, you must be eligible for an EB2 second preference visa. This is a work-based immigrant visa that usually requires you to have a US employer sponsor you. But if you have a national interest waiver, you won’t have need a job offer or employer sponsorship. Still, you must meet the criteria for at least one of the two pathways of the EB2 visa to obtain an NIW green card.
Advanced Degree – You must hold a US advanced degree (master’s or higher) or a foreign equivalent. Alternatively, a bachelor’s degree plus five years of progressive work experience in your field may also qualify.
Exceptional Ability – You must demonstrate outstanding ability in your field, meaning your contributions and skills are significantly above your peers.
If you have an advanced US or foreign degree, you must submit official transcripts as academic proof and letters from your current or past employers showing that you have at least five years of progressive work experience in your specialty.
If you’re unsure which path is right for you, an immigration lawyer from D’Alessio Law can help you determine which route to take. We can also help you collect the necessary documentation and file your paperwork.
Criteria for Exceptional Ability
To be eligible under the “exceptional ability” clause, your expertise must be significantly above that of others within your occupation. You must also satisfy at least three of the following criteria.
- An official academic transcript that shows you have a U.S. or foreign equivalent degree, diploma, certificate, or other in your area of exceptional ability
- Documented work history showing at least 10 years of full-time experience in your field of specialty
- Current licensure or certification for your profession of occupation
- Documentation showing that you have commanded a salary in your profession or occupation that is commensurate with your level of expertise
- Membership in a professional association(s)
- Proof of recognition for professional achievements and significant contributions in your industry or field of expertise by your peers, government entities, businesses or professional entities
- Other comparable evidence of eligibility is also acceptable.
Once you’ve determined if you are eligible for the EB2 visa, you can then determine if you meet the criteria for a National Interest Waiver.
Requirements for the National Interest Waiver
Meeting the EB2 visa criteria is only the first step. To qualify for the national interest waiver, applicants must also demonstrate that their work benefits the United States. USCIS uses a three-pronged test, known as the “Matter of Dhanasar” framework, to evaluate this. The applicant must prove any of the following:
- The Proposed Endeavor is of Substantial Merit and National Importance
Your work should positively impact society in areas like science, technology, healthcare, culture, or education—for example, a researcher working on renewable energy or a healthcare professional in underserved areas.
- You Are Well-Positioned to Advance the Endeavor
You can demonstrate your ability to successfully carry out your proposed work through qualifications like education, experience, accomplishments, and a solid plan.
- Waiving the Job Offer and Labor Certification Requirements Is in the National Interest
You can prove that the benefits of granting the waiver outweigh the need for the traditional labor certification process.
Meeting these requirements for the national interest waiver can be a challenge. With the proper guidance of a skilled immigration lawyer, applicants can build a strong case to present to USCIS.
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How Do I Apply for the NIW Green Card?
Applying for an NIW green card involves a multi-step process:
- File Form I-140
You will need to file the immigrant visa petition, Form I-140, Immigrant Petition for Alien Worker, with USCIS.
- Pay Filing Fee
At the time of writing, the general application fee for filing Form I-140 is $715. If you’re paying through a credit or debit card, you should also fill out and submit Form G-1450 to authorize your transaction.
- Submit Supporting Documentation
Submit evidence of eligibility for an EB2 visa, proof of exceptional ability or an advanced degree, and a detailed case explaining how your work serves the national interest. This map include:
- academic records
- work history
- letters of reference from employers
- professional recognition awards
- a detailed statement about your proposal
- Choose Your Green Card Process
Once your I-140 is approved, you will either file for adjustment of status (if you are already in the US) or undergo consular processing at a US embassy or consulate in your home country.
The paperwork and evidence requirements can be overwhelming, which is why many applicants seek the assistance of a dedicated immigration lawyer to avoid filing errors and unnecessary delays.
What is the EB-2 NIW Processing Time?
The NIW processing time can vary widely based on factors like your location, USCIS service center workload, and the complexity of your case. Here’s what to expect for NIW processing times:
- Standard Processing Time: Most cases average between 6 to 9 months, although it can take anywhere from 4 months to over 2 years in more complex situations.
- Expedited Processing: Certain applicants may qualify for premium processing or expedited review under specific circumstances.
Once your petition is approved, the green card application process may add several more months, depending on whether you pursue consular processing or file for adjustment of status within the US.
An experienced immigration attorney can help you determine your eligibility, gather the necessary documents, and submit a well-prepared application.
Get Started on Your NIW Green Card Application
The employment-based immigration program is one of the most direct routes to obtaining permanent residency in the United States. Petitioning for an NIW green card is a lengthy and challenging process.
At D’Alessio Law, we specialize in EB2 NIW petitions and employment-based immigration. Our team is dedicated to helping professionals streamline their application process and maximize their chances of obtaining an NIW green card. If you want to apply for an NIW green card or any other employment-based immigrant visa, contact us today for a free consultation.
