The National Interest Waiver (NIW) is a special provision under the EB-2 (Employment-Based, Second Preference) green card category. It allows certain professionals to skip the cumbersome Labor Certification (PERM) process if their proposed work will significantly benefit the United States. This streamlined route is often pursued by researchers, scientists, entrepreneurs, and other highly skilled individuals whose innovations, discoveries, or projects hold substantial promise for the U.S.
Why the NIW is Unique
1. No Job Offer Required
Unlike most EB-2 applicants, those seeking the NIW don’t need a formal job offer. You can self-petition by demonstrating that your work aligns with U.S. national interests.
2. No PERM Labor Certification
2.When you qualify for an NIW, you bypass the labor market testing normally required, reducing your paperwork burden and potentially accelerating your path to a green card.
3. Broad Range of Fields
While often linked to STEM professionals, the NIW can extend to individuals in business, arts, social sciences, or public health—any discipline with a significant national impact.
Eligibility Criteria
To secure an NIW, you typically need to satisfy a three-prong test set by the Matter of Dhanasar precedent:
1. Substantial Merit and National Importance
Your proposed endeavor should have tangible potential to benefit the U.S. in areas such as the economy, education, healthcare, or cultural enrichment.
2. Well-Positioned to Advance the Proposed Endeavor
You must show a strong track record, such as relevant education, publications, patents, or professional accolades. These highlight your capacity to deliver on your project’s objectives.
3. Balancing Test
You must prove that waiving the labor certification would benefit the U.S. more than requiring you to go through it. In other words, the national interest is better served by granting you the waiver than by subjecting you to traditional requirements.
Application Steps
1. File Form I-140
Submit Form I-140 (Immigrant Petition for Alien Worker) with supporting evidence. Since this is a self-petition, you’re both the petitioner and the beneficiary.
2. Compile a Strong Petition Package
Gather recommendation letters from experts who can attest to the importance of your work, evidence of your track record (publications, citations, awards, media coverage), and a detailed statement explaining your project’s national interest.
3. Optional Premium Processing
While premium processing may not always be available for NIW at all times, if it is, you can opt for an expedited 15-day review. Otherwise, standard processing times apply.
4. Adjustment of Status or Consular Processing
If you’re already in the U.S. on a valid visa and an immigrant visa becomes available, you can file for adjustment of status. Otherwise, you’ll complete consular processing in your home country.
As with other EB categories, approved NIW applicants can bring their spouses and unmarried children under 21 to the U.S. as derivatives. They can apply for green cards concurrently, allowing the entire immediate family to benefit.
If you believe you’re an ideal candidate, schedule a consultation with us today for a case evaluation.
