If you want a green card, the U.S. visa system can appear confusing. You might qualify for the National Interest Waiver if you’re a qualified professional with a contribution of value to make to

the United States. This guide will explain everything you need about the NIW. From eligibility criteria to application processes, it will help you decide if this is the path that’s right for you.

What is a National Interest Derogation?

The National Interest Waiver(NIW) is a unique provision that falls under the employment based second preference immigrant (EB-2 visa) category. Normally, foreigners seeking a Green Card through the EB-2 Category need a job and a Labor Certificate from the Department of Labor proving that there are no U.S. qualified workers available for the role. The NIW, however, allows applicants to waive these requirements if they can demonstrate their work is “in the national interest” of United States.

Eligibility Criteria for a National Interest Waiver

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:

Significant Merit and National Significance

Your project must be both nationally important and of considerable merit. This means you should be able show that your work has a substantial impact on an area such as health, business, education, technology, or science and will benefit the U.S.

Positioned well to advance the proposed endeavor

It is important that you are well-positioned in order to successfully advance your proposal. This means demonstrating your track record of success, which includes relevant experience and skills.

Test of Balance: 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 that you must prove the value of your contribution overrides the need to protect U.S. employees.

Benefits from obtaining a National Interest Exemption

The NIW offers several advantages over traditional employment-based green cards. Its flexibility is a major benefit. NIW recipients are not required to work for a certain employer or have a specific job. This means you can work for yourself, change jobs, or even start your own business without jeopardizing your immigration status.

Additionally, the NIW bypasses the labor certification process, which can be time-consuming and complex. The NIW simplifies and expedites the green card application process by eliminating the requirement to prove there are no qualified U.S. employees available.

Types of Professionals Who May Qualify

The NIW is appealing to a diverse range of professionals. Here are some examples of individuals who may be eligible:

• Scientists & Researchers: Professionals who are involved in cutting-edge research, especially in biotechnology, environmental sciences, and medicine.
• Professionals in Business and Entrepreneurship: Individuals capable of demonstrating that their businesses, innovations or jobs will significantly benefit U.S.
• Healthcare workers: Doctors (and other healthcare professionals) who address public health concerns, especially those in underserved communities.
• Academics and Educators: Professors who are teachers or academic researchers, whose work has contributed to the improvement of education.

How to Apply for a National Interest Waiver

The process of applying for an NIW is a multi-step process that begins with preparing and submitting your petition. The petition for an NIW is filed using the Form I-140-Immigrant Petition of Alien Worker. Here is a step-by-step breakdown of the application process:

Creating the Petition

It is important to explain in your petition why you believe that the work you do is in the best interest of the United States. The argument must be persuasive and aligned with the Matter of Dhanasar.

Include

Please include all the evidence you can to support your qualifications.

• A detailed resume or CV
• Professional certifications and academic degrees
• Publications or patents citing your work
• Recognitions and awards
• Get letters of recommendation by experts in your field

I-140 Form

When your petition is complete, you will submit it along with Form I140 to USCIS. You must ensure that all documentation is organized and complete to avoid delays.

Evidence to Support a Successful NIW Applicant

Your NIW is dependent on the strength and quality of your supporting documents. USCIS will scrutinize your petition to ensure it meets the stringent requirements. Here’s a list of what you need to include.

Professional Accolades

Document any recognitions, awards or other accolades which highlight your contributions in your field. You may have received prestigious grants, fellowships or been invited to speak at important conferences.

Publications, Patents and Research

Include any research you’ve published, patents that you hold, or innovative products in your application. Your application will be stronger if you include more evidence of your impact.

Recommendation

Strong letters of recommendation from well-respected professionals in your field can significantly bolster your application. These letters will highlight your accomplishments as well the national impact of your work.

Evidence on Impact to the U.S. economy or Public Welfare

Finally, provide evidence of how your work benefits the U.S. economy, public welfare, or national security. You could use statistics to show the number of jobs created, the improvement in public health or any other quantifiable outcomes.

Common Problems and Solutions

Despite its many benefits, the NIW process can be challenging. USCIS often sets stringent requirements for applicants. Here are some of the most common challenges, and how to overcome them.

Addressing Potential Weaknesses in an Application

If you feel that your application is lacking in certain areas, like a limited number of publications or a small professional history, then focus more on the impact and quality of your work than its quantity. It can be helpful to highlight your unique contributions.

Managing Requests for Proof (RFEs).

USCIS may issue an Request for Evidence (RFE), if more information is needed to make a determination. RFEs require a prompt and thorough response. You must provide all the requested documentation, and address any concerns that USCIS may have.

Working with Immigration Attorney

A skilled immigration attorney can be very helpful, especially given the complexity and length of the NIW. You can work with an experienced immigration attorney to navigate the complex legal issues, complete your application, and improve your chances of being successful.

How long does it take to process a request?

Processing times for NIWs can be affected by several factors. These include the volume of applications handled by USCIS and the details of your application. The average time for the NIW application is 8-18 months.

National Interest waiver vs. other Green Card options

Compare the NIW with other green cards to find

the right path for you. The NIW compares to some of the most common alternatives.

EB-1 Extraordinary Abilities

The EB-1 visa will be granted to individuals who have extraordinary abilities in their field. This usually requires a greater level of achievement than NIW. If you meet these criteria, then the EB-1 could be a better option to get a greencard.

EB-2 – Advanced Degree Professionals With Labor Certification

The standard EB-2 process requires a labor certification, which can be a hurdle for many applicants. NIW does not require this, which makes it a more attractive option for those who qualify.

EB-5 Immigrant Investor Program

Investors with significant capital can obtain the EB-5. The EB-5 visa does not require specific achievements in the field of business, but it is a significant financial commitment.

What is the role of the U.S.? Citizenship and Immigration Services (USCIS)

USCIS is responsible to process NIW requests. Understanding their role, and how they evaluate your application can help better prepare for your petition. USCIS officials will review and evaluate your application, ensuring that it meets all the legal requirements.

Current Trends & Changes in NIW Application

Over the past few years, there have been several policy changes that impact NIW applications. For instance, the increasing emphasis on STEM fields has led to more favorable outcomes for applicants in these areas. Keeping up with these trends allows you to tailor your application according to current priorities.

Case Studies of Successful NIW Applicants

NIW examples that have worked can be a great way to learn what works. If a scientist has created a breakthrough medical therapy or an entrepreneur has started a business that created hundreds jobs, they may be able to make a strong case for an NIW.

Tips For A Strong National Interest Withdrawal Application

Follow these tips to maximize your chances of succeeding:

• Be Specific: Clearly articulate how your work benefits the U.S. in concrete terms.
• Provide Strong Evidence: Document your claims using strong evidence, including letters of support from experts.
• Stay Organized Present your applications in a clear and well-organized way to make USCIS’s review easier.

Conclusion

The National Interest waiver is an excellent tool for professionals seeking green cards without having to follow the strict employment-based visa procedures. By meeting the eligibility criteria and presenting a strong, well-supported application, you can make a compelling case that your work is essential to the United States. Although the process may be complicated, the benefits are well worth it.

FAQs

Is it possible to apply for the National Interest Waiver even without an employer?

The NIW is ideal for entrepreneurs or self-employed professionals.

What is the time frame for getting a green card following an approval of NIW?

Depending on your visa availability and priority date, the timeline may vary.

What happens if my NIW application is denied?

If you’re denied a NIW, you can either appeal the decision or reapply. Or, consider exploring other options for visas, like EB-1 or EB-2 visas with labor certificates.

Could the NIW process be expedited?

Although there is not an official expedited NIW process, premium processing may be available on the underlying EB-2 application, which would speed up the initial review.

Can I include family members in my application for NIW?

Yes, you can include your spouse and your unmarried minor children under the age of 21 in your NIW request and get green cards for them as dependents.