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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.

For more information about EB-2 National Interest Waivers, give us a call at 214-251-8011 (Dallas, TX) or 817-332-1100 (Fort Worth, TX), or schedule your next appointment online here.