EB-2 National Interest Waiver (NIW)
What is a National Interest Waiver?
Usually, individuals applying for an EB-2 visa would also have to apply for permanent labor certification to qualify. Fortunately, eligible workers can have that requirement waived with a National Interest Waiver by showing that it would be in the best interest of the United States.
To successfully pursue a National Interest Waiver, you or your lawyer must demonstrate that the granting of the waiver will benefit the U.S. Evidence for this includes:
- Providing evidence of an advanced degree or exceptional ability
- Meeting all three (3) National Interest Waiver criteria;
- The proposed endeavor has both substantial merit and national importance.
- You are well-positioned to advance the proposed endeavor.
- It would be beneficial to the U.S. to waive the requirements of a job offer and thus the labor certification.
Unlike green cards, which require that the applicant hold a permanent job or job offer, National Interest Waivers do not require a specific job offer. Also, petitioners can personally file for a National Interest Waiver without the sponsorship or involvement of an employer.