 No need for an employer and no need for a labor certification |
A National Interest Waiver (NIW) is a type of employment-based immigrant visa category in the United States. It falls under the EB-2 category, which is reserved for individuals with advanced degrees or exceptional abilities in their field. What sets the NIW apart is that it allows individuals to bypass the labor certification process (PERM) and the requirement for a specific job offer from a U.S. employer. This means that the applicant can self-petition and potentially qualify for a green card (lawful permanent residency) without a job offer from a U.S. employer.
To qualify for a National Interest Waiver, an applicant typically needs to demonstrate:
1. Exceptional Ability: They should have a track record of exceptional achievements and expertise in their field. This could be in areas like science, arts, business, or other professions.
2. Benefit to the National Interest: They must show that their work or contributions are of significant benefit to the United States, and that granting them a green card would be in the national interest.
The benefit to the national interest is often established by showcasing how the applicant’s work or research directly benefits the U.S. economy, culture, healthcare, environment, or another aspect of national interest. This waiver is particularly popular among researchers, scientists, and individuals in fields where their work has a clear impact on society.
It’s important to note that the criteria for a National Interest Waiver can be complex, and the application process can be challenging. It’s advisable to consult with an experienced immigration attorney to assess your eligibility and guide you through the application process if you believe you qualify for an National Interest Waiver.