Wed. May 15th, 2024
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.

By shah@peerallylaw.com

Shah Peerally is an immigration attorney, author, and activist known for his work in the field of immigration law and immigrant rights advocacy. Shah Peerally was born in Mauritius and later immigrated to the United States. He earned his Juris Doctor (JD) degree and became a licensed attorney in California. He founded the Shah Peerally Law Group, a law firm focused on immigration law, providing legal services to individuals and businesses dealing with various immigration issues. Throughout his career, Shah Peerally has been a prominent advocate for immigrant rights and has actively engaged in various community outreach programs, workshops, and legal clinics to educate and assist immigrants in navigating the complex U.S. immigration system. He is also known for his efforts in raising awareness about immigration-related issues through radio and television programs, as well as his participation in seminars and conferences. Additionally, Shah Peerally has authored books and articles on immigration law topics to help individuals better understand their rights and options.

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