NATIONAL INTEREST WAIVERS
Brining needed talent to America
In 1990, Congress created a green card path for talented individuals who could demonstrate they were performing work deemed in the national interest of the country. The National Interest Waiver (NIW) category, which is within the second-preference of employment based categories, allows the petitioner to ask the labor certification process to be waived for people who have “exceptional ability” or hold an advanced degree.
Generally, to obtain a NIW, the applicant needs to show: that (1) their work has substantial merit and is of national importance, that (2) the applicant is well-positioned to advance the endeavor, and that (3) on balance, it would benefit the United States to waive the labor certification requirements.
Specifically in the STEM (Science, Technology, Engineering and Math) fields, the current administration has made it a priority to attract professionals working in emerging technologies. The USCIS Policy Manual emphasizes specific evidentiary considerations in analyzing petitions of Ph.D.s in STEM fields, making an advanced degree a key asset for defining eligibility for an EB-2 NIW.
Fields such as artificial intelligence, biotechnology, renewable energy generation and storage, biotech or advanced computing, for instance, hold strategic significance for U.S. competitiveness and national security.
STEM professional applications still need to meet the three prongs above, but officers are encouraged to carefully consider these petitions in light of the country’s strategic goals of maintaining leadership in fields of emerging technologies.