National Interest Waivers

National Interest Waivers

National Interest Waivers

NATIONAL INTEREST WAIVERS

Bringing needed talent to America. Proper guidance on National Interest Waivers is essential for a successful petition.

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 Waivers (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. Understanding the benefits of National Interest Waivers can greatly help applicants outline their case.

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.

Securing approval through National Interest Waivers demands meticulous preparation and a clear demonstration of national importance. 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.

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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. You can check the official guidelines on the USCIS Website

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