NIW (National Interest Waiver) Visa
Foreign nationals seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
“My I-140 was approved. This is great news! Many thanks to you and your team for doing a great job. I know it isn’t over yet, but I know we crossed the biggest hurdle.” PP
National Interest Waiver Requirements
You must meet at least three of the criteria below and demonstrate that it is in the national interest that you work permanently in the United States
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
- Letters documenting at least 10 years of full-time experience in your occupation
- A license to practice your profession or certification for your profession or occupation
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
- Membership in a professional association(s)
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
- Other comparable evidence of eligibility is also acceptable.
To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. For more information about filing, schedule a consultation with our immigration lawyers or call 919.755.0505.