A National Interest Waiver (NIW) is a unique option under the employment-based second preference (EB-2) visa category. It allows certain foreign nationals to bypass the job offer and labor certification process. Instead of going through the usual sponsorship route, individuals can self-petition if they can show that their work will benefit the U.S. enough to waive these requirements. This article discusses what a national interest waiver is and its benefits.
Who Qualifies for a National Interest Waiver?
To qualify for an NIW, applicants must meet two basic requirements:
- Advanced Degree or Exceptional Ability: Applicants should either have an advanced degree (such as a master’s or Ph.D.) or demonstrate exceptional ability in their field. This could include professionals in the sciences, arts, or business.
- Benefit to U.S. National Interest: Applicants must prove that their work will significantly benefit the U.S., which is determined by meeting a set of criteria outlined in a key 2016 case called Matter of Dhanasar. This includes:
- The applicant’s work is of substantial merit and national importance.
- They are well-positioned to advance the proposed endeavor.
- Granting a waiver is in the best interest of the U.S., outweighing the need for a labor certification.
Examples of NIW (National Interest Waiver) Candidates
- Researchers Working on Groundbreaking Technology Researchers making significant contributions in cutting-edge fields such as artificial intelligence, renewable energy, or biotechnology may qualify for an NIW. For instance, a scientist developing advanced solar technologies that could reduce the U.S. reliance on fossil fuels may be deemed as serving the national interest. The case Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), clarified that the work must have substantial merit and national importance, providing a clear path for researchers whose innovations could benefit the U.S.
- Doctors Serving in Underserved Communities Physicians providing medical care in rural or underserved areas can be strong candidates for an NIW. The U.S. government places a high value on healthcare accessibility in regions facing physician shortages. A typical example might involve a doctor specializing in pediatric care in an area with few specialists, directly improving public health. As evidenced in Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm’r 1998), a physician’s work in an area with a critical need may be grounds for a waiver, as it serves the national interest.
- Entrepreneurs Creating Jobs or Boosting the U.S. Economy Business founders who launch ventures that create jobs or bring innovative products to market may also be eligible. For example, an entrepreneur who establishes a tech startup that employs dozens of American workers and develops software solutions for cybersecurity can qualify under NIW. The Dhanasar decision made it clear that entrepreneurial activities benefiting the U.S. economy could meet the criteria for national interest.
- Engineers Developing Critical Infrastructure Projects Engineers play a key role in designing or managing infrastructure projects that enhance U.S. transportation systems, public safety, and sustainability, and they are good NIW candidates. For example, an engineer responsible for designing resilient infrastructure in flood-prone regions can argue their work serves a national interest by reducing disaster risk. This aligns with the reasoning in Matter of Dhanasar, where contributions to infrastructure were recognized as being in the national interest.
- Educators in STEM (Science, Technology, Engineering, and Mathematics) Fields Educators who contribute to STEM education, especially those developing curricula that increase U.S. competitiveness in technology and science, could also qualify. For instance, a university professor improving STEM education outcomes in rural schools can show that their work has substantial merit and serves the U.S.’s future workforce needs. This is consistent with the Matter of Dhanasar ruling, where educational contributions tied to economic competitiveness were valued.
- Environmental Scientists Addressing Climate Change Environmental scientists whose work addresses global climate issues, such as reducing carbon emissions or protecting natural resources, may qualify for an NIW. For example, a scientist leading efforts to clean polluted waterways or developing renewable energy technologies could argue that their work is of national interest. The Dhanasar case provides a foundation for such claims, emphasizing that work benefiting national security, health, or welfare is highly valuable.
Steps to Apply for a National Interest Waiver
- Prepare Form I-140: Applicants need to submit this form to the U.S. Citizenship and Immigration Services (USCIS) along with evidence supporting their qualifications and the national interest of their work.
- Submit Evidence: Include documents like degrees, work history, publications, recommendation letters, and a clear explanation of how your work benefits the U.S.
NIW Benefits
- Self-Petition: No need for employer sponsorship.
- Skip Labor Certification: Avoid the lengthy PERM process.
- Permanent Residency: Leads to a green card if approved.
If you think you may qualify for an NIW, consult with an immigration attorney for a thorough evaluation. This specialized process can lead to permanent residency for those whose work truly serves the U.S. national interest.
Conclusion
The National Interest Waiver (NIW) offers a unique pathway to U.S. permanent residency for those whose work benefits the country. By bypassing the traditional labor certification process, talented individuals in science, healthcare, and business can contribute directly to the U.S. economy and society. If your work qualifies, consider consulting an immigration lawyer to guide you.
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If you have questions regarding National Interest Waiver (NIW) requirements, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
