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 can let you bypass the labor certification process
Benefits of National Interest Waiver:
- You do not require a Labor Certification
- You can file your green card petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf (self-petition)
Requirements for National Interest Waiver:
(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:
- 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.
- Letters documenting at least ten years of full-time experience
- A license to practice the profession or certification for a particular profession or occupation
- Evidence that you command a salary or other remuneration for services which demonstrates exceptional ability
- Membership in professional associations
- Documents which prove recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations
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
Factors that may be considered in determining national interest include, but are not limited to:
- Improving the U.S. economy
- Improving wages and working conditions of U.S. workers
- Improving education and training programs for U.S. children and under qualified workers
- Improving health care
- Providing affordable housing in the U.S.
- Improving the environment
- Request from an interested U.S. government agency
(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.
To discuss National Interests Waiver petitions and other alternatives with an experienced immigration lawyer from Huang Law LLC, please feel free to call our Wilmington office at (302) 478-2900, or Philadelphia Office at (267) 908-5060.
