National Interest Waiver (NIW)

A National Interest Waiver may be possible for EB-2 applicants. If an employer wants to hire a noncitizen, they usually have to get a permanent labor certification from the Department of Labor proving that there are no qualified U.S. workers and that their employment won’t hurt other U.S. workers who do the same job. But if it is in the national interest, the noncitizen can ask for this waiver without having to go through all of these steps first.

A National Interest Waiver (NIW) may be applicable for EB-2 candidates. An employer seeking to hire a noncitizen must generally obtain a permanent labor certification (namely a job offer) from the Department of Labor that proves there are no qualified U.S. workers for the position they are seeking and that their employment will not adversely affect similarly employed U.S. workers. However, the noncitizen may seek a waiver of a job offer and the labor certification, if it is in the interest of the United States.

Filing Process of NIW

If you are seeking a national interest waiver, you may self-petition using Form I-140, Immigrant Petition for Alien Worker certification, if it is in the interest of the United States.

Requirements for the Individuals Seeking a National Interest Waiver

Individuals seeking a national interest waiver must show evidence of an advanced degree or exceptional ability and must also meet 3 factors that USCIS uses to determine whether it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification. The 3 factors USCIS considers for a national interest waiver are whether:

  • The person’s proposed endeavor has both substantial merit and national importance;
  • The person is well-positioned to advance the proposed endeavor; and
  • It would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements.
Have a question about National Interest Waivers? Contact Springdale Law Firm.