National Interest Waivers

National Interest Waivers

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.

Real Stories

Hear directly from those who have already obtained a green card or citizenship with us

Massa Viana Law, is the “absolute best legal team” we could have chosen to represent us through our immigration process. We were guided through the entire case, by professional and caring experts. Mr. Viana and the entire staff were most impressive, knowledgeable and friendly. The staff always made us feel at ease at every step of the way. We could not have asked for better service!

Donald Metivier

My wife and I had no idea what to do with her visa process, and Dr. Antonio and team helped us through everything. He clearly cares a lot about his clients and it shows in his effort and results. We couldn’t ask for a better lawyer and partner on our legal journey.

Charles Offenbacher

Great lawyers, great office and great experience. They care about you and they work around the clock to make sure that nothing is left to chance. There’s always somebody on the phone and the communication is always on point. They guide you step by step along the way. You’re in good hands if you go with Antonio’s team. I would definitely recommend them.

Alex Langkos

With a very professional, knowledgeable, and compassionate approach, Antonio Viana helped me with my immigration needs. By being always assuring and available to answer my questions, which can be an issue for most lawyers, he has made a huge difference to the stressful process. I highly recommend his services!.

Debora Marques

As a young couple, the thought of navigating the immigration process seemed really duanting and impossible at times. Massa Viana Law made it possible. Massa Viana Law provided exceptional service and support throughout the entire immigration process. We appreciate their professionalism, kindness, passion, and experience in helping us. We highly reccomended Massa Viana Law!

Brenna McGillion

Antonio Massa Viana and his team were handling my immigration process very professional and I had my Greencard in record time. Highly recommended!

Manfred Burkart

Antonio helped us navigate a very stressful process. We could not be more pleased with our experience. Professional, courteous, supremely organized.. and a true gentleman from start to finish. Thank you!, thank you!, thank you! Antonio..

Tim Fitts

They are very professional and effective team for every case; also Antonio Massa put all the effort in each client… I highly recommended.

Ana Maria Linares

Tive uma experiência muito gratificante com o dr:Antônio. Um profissional muito atencioso, que demonstra interesse no caso do cliente e com uma equipe profissional excepcional. Dr: Antônio e sua equipe estão de parabéns.

Jessica Vidal

Sr. Antonio Massa Vianna e toda sua equipe são nota 1000. Profissionais super qualificados atenciosos e prestativos . Muito obrigado a ajudar a minha família a obter sucesso em nosso caso. Desejo cada vez mais sucesso a todos vocês . Recomendo para meus amigos e todos aqueles que desejam ter sucesso em seu caso. Agende um horário e comprove.

Narbal Alves Junior

FAQ

Frequently Asked Questions

People who are members of professions holding advanced degrees or who are foreign nationals of “exceptional ability” in the sciences, arts, or business can apply for an NIW. The NIW allows U.S. Citizenship and Immigration Service (USCIS) to “waive the requirements” of the PERM process, which typically requires that an alien’s services be sought by an employer in the United States.
An advanced degree is a master’s degree or higher. Alternatively, a bachelor’s degree plus five years of progressive experience in the field is considered equivalent in education and work experience.
Not necessarily. The category also allows for people who demonstrate exceptional ability in the sciences, arts, or business. The art category, in the exceptional ability context, also includes athletes and entertainers. In fact, the Policy Manual was also updated to include a new section on NIWs for entrepreneurs.
Exceptional ability refers to a degree of expertise significantly above that ordinarily encountered. We rely on official academic records, letters from current or former employers documenting extensive experience, a license or certification for a profession or occupation, among other pieces of evidence to prove exceptional ability.

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