If you want a green card, the U.S. visa system can appear confusing. If you are a professional who has a valuable contribution to make in the United States, then the National Interest Waiver may be the ticket for you. This guide will take you through the NIW application process and eligibility criteria, so you can decide if it’s the right path for you.
The National Interest Waiver is a special provision within the employment-based, second preference (EB-2), immigrant visa. Normally, foreign nationals who are seeking a greencard through the EB-2 visa category must have a job offer, and a Labor Certification from the Department of Labor proving there are no qualified U.S. employees available for the position. The NIW allows these requirements to waived if a foreign national can show that their work serves the “national interests” of the United States.
To be eligible for a NIW
, applicants need to meet specific criteria outlined by a legal structure established by the U.S. Citizenship and Immigration Services. The 2016 Matter of Dhanasar decision provides the most recent and relevant criteria for NIW eligibility:
The proposed project must have merit and importance to the nation. This means your work should have a significant impact on a field like science, technology, health, or business, and benefit the U.S. economy, education, healthcare, or national security.
You must be well-positioned to advance your proposed work. This involves demonstrating a strong track record of success in your field, including relevant experience, skills, and accomplishments.
Balancing test: National interest vs. U.S. Workforce
Finally, you need to show that the national interest would be better served by waiving the job offer and labor certification requirements. This means, essentially, that you have to show the national interest would be better served by waiving the job offer and labor certification requirements.
The NIW provides several advantages compared to the traditional employment-based green card. One of the most significant benefits is the flexibility it provides. NIW holders do not have to commit to a single employer or position. It means that you can be your own boss, start a business, or even change jobs without risking the status of your immigration.
The NIW also bypasses labor certification, which is a time-consuming, complex process. The NIW streamlines the green-card process by eliminating the need for proof that there are no U.S. workers who meet the qualifications.
The NIW will appeal to a wide variety of professionals. These are some of the individuals who might be eligible.
Applying for an NIW involves several steps, starting with preparing and filing your petition. The petition will be filed with Form I-140 Immigrant Worker Petition. Here’s a breakdown of the process:
In your petition, you must state clearly why the work that you are doing is in the interest of America. It involves creating a persuasive argument aligned to the Matter of Dhanasar criterion.
If you are applying for a job, your resume should include a detailed list of qualifications.
When your petition is complete, you will submit it along with Form I140 to USCIS. To avoid delays and requests for more evidence, it’s important to make sure that all of your documentation is complete and organized.
Your NIW application will be successful if you provide strong evidence to support your claim. USCIS will examine your petition to make sure it meets all the requirements. Here’s what to include:
Document all awards, recognitions and other accolades you receive that demonstrate your contribution to your chosen field. These could be prestigious awards, fellowships or invitations to give a speech at major conferences.
Include any research you’ve published, patents that you hold, or innovative products in your application. The more evidence you provide of your impact on your field, the stronger your case.
Your application can be boosted by strong letters of recommendation written by professionals you trust in your area. These letters should emphasize your accomplishments and the importance of your work to your country.
Provide evidence that your work has benefited the U.S. economic system, public welfare or national security. You can use statistics such as job creation or improvements in public healthcare.
Despite the many benefits of NIW, it can be a challenging process. USCIS’s stringent criteria can be difficult to meet. Here are a few common challenges to be aware of and some tips on how you can overcome them.
If there are areas in your application that may be considered weak (such as limited publications, or a short career history), focus on the quality and significance of your work, rather than the quantity. You can counter these concerns by highlighting any unique contributions that you have made.
USCIS may send a Request for Evidence to gather more information for a decision. RFEs must be answered promptly and completely, including all documentation requested and any concerns raised by USCIS.
Given the complexity of the NIW process, it’s often beneficial to work with an experienced immigration attorney. You can get help from an immigration lawyer to understand the legal complexities, make sure your application is completed, and increase your odds of success.
Processing time for NIW applications can vary greatly depending on a number of factors including the volume and complexity of the application USCIS receives, as well as the particulars of your case. You can expect it to take between 8 and 18 months on average.
Comparing the NIW against other green-card options is essential when determining the best course of action for your particular situation. The NIW compares to some of the most common alternatives.
The EB-1 allows individuals to demonstrate extraordinary ability and achievement in their chosen field. If you meet these criteria, then the EB-1 could be a better option to get a greencard.
The standard EB-2 process requires a labor certification, which can be a hurdle for many applicants. The NIW removes this requirement making it a very attractive option to qualified individuals.
The EB-5 is for investors that can provide significant capital to a U.S. enterprise. Although this option does not require specific professional qualifications, it requires a substantial financial investment.
USCIS is in charge of processing NIW application. Understanding their role and how they evaluate applications can help you better prepare your petition. USCIS officers will review your application to ensure it meets all legal requirements and will assess whether your work truly serves the national interest.
NIW application policies have changed over the years. In particular, applicants from STEM fields have benefited more because of the increased emphasis placed on these fields. Staying up to date on these trends will help you customize your application in order to match current priorities.
Look at successful NIW applications to gain valuable insight into what works. A scientist who has developed a new medical treatment, or an entrepreneur whose company created hundreds of jobs could be strong candidates for an NIW.
Follow these tips and you will be able to increase your chances of being successful.
The National Interest Visa Waiver provides a powerful option for professionals looking to obtain a Green card, without the limitations of the traditional employment-based visa process. By meeting eligibility criteria and submitting an application that is well-supported and strong, you can demonstrate to the United States why your work has a vital role. Even though the application process can be difficult, the benefits that come with an NIW make it worth the effort.
Can I apply for a National Interest Waiver without an employer?
Yes, the NIW allows you to apply without an employer or a job offer, making it ideal for self-employed professionals or entrepreneurs.
What is the time frame for getting a green card following an approval of NIW?
After NIW approval you can expect to wait from a few months up until over a whole year, depending on when your priority date is and the visa availability.
How do I know if my application for NIW is denied?
If your NIW application is denied, you can appeal the decision, reapply, or explore other visa options such as EB-1 or EB-2 with labor certification.
Can the NIW be expedited?
While there isn’t an official expedited NIW review, premium processing could be available to speed up the initial evaluation of the underlying EB-2 request.
Can I include my family on my NIW application form?
Yes, your spouse and unmarried children under 21 can be included in your NIW application and obtain green cards as dependents.
