NATIONAL INTEREST WAIVER

National Interest Waiver Frequently Asked Questions

What is a National Interest Waiver (NIW)?

The National Interest Waiver (NIW) is a provision that allows eligible foreign nationals to seek a waiver of the job offer and labor certification requirements for the employment-based second preference (EB-2) green card category.

Who is eligible for a National Interest Waiver (NIW)?

To be eligible for an NIW, you must:

Be applying under the EB-2 category.

Show that your work is in the national interest of the United States.

Be a professional, hold an advanced degree, or possess exceptional ability in your field.

What is the process for obtaining an NIW?

The process generally involves:

Preparing a comprehensive petition with evidence demonstrating your qualifications and the national interest your work serves.

Submitting the petition (Form I-140) to U.S. Citizenship and Immigration Services (USCIS).

Waiting for USCIS to adjudicate the petition.

How do I demonstrate that my work is in the national interest?

To demonstrate national interest, you must show that your work has substantial merit and intrinsic value, and it is in the national interest of the U.S. to waive the job offer and labor certification requirement.

Can I apply for a National Interest Waiver (NIW) on my own, or does my employer have to file the petition?

You can self-petition for an NIW, meaning you do not need an employer to sponsor your application. However, you must demonstrate that your work is in the national interest of the U.S.

What types of evidence are required to support an NIW petition?

One must provide strong evidence demonstrating your qualifications, contributions, and the national interest your work serves. This may include letters of recommendation, publications, conference presentations, awards, and more.

Is a job offer required for an NIW application?

No, an NIW waives the job offer requirement, allowing you to self-petition without a specific job offer from a U.S. employer.

Can I include my family members (spouse and children) in the NIW application?

Yes, but the inclusion of family members on form I-140 is for informational purposes only. The approval of the NIW (I-140) petition is solely for the individual who qualifies to file a petition in this category.

Can I change employers while my NIW petition is pending?

So long as you are a self-petitioner, you can change employers. Other than that, changing employers while your NIW petition is pending is complex. It’s advisable to consult with your immigration attorney to understand the complexities and implications.

Can I apply for U.S. citizenship (naturalization) after obtaining a green card through an NIW?

Yes, after being a lawful permanent resident for the requisite 5-year period, you may be eligible to apply for U.S. citizenship, providing you meet the other statutory requirements. Consult your immigration attorney for guidance on the requirements.

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