The National Interest Waiver represents an alternative route by which foreign nationals may obtain permanent residence under the EB-2 Employment-Based visa category. It waives the labor certification requirements for applicants with the education and research experience that are deemed beneficial to the national interests of the United States. The process, which ordinarily takes one to two months, requires a proposed endeavor on the behalf of the applicant, and carries with it several key requirements;
- The applicant’s proposed endeavor must show substantial merit and national importance;
- The applicant must be well-positioned to make good on the endeavor; and
- Because of the applicant’s merit and the potential of their endeavor, it would be beneficial for the United States to waive the job offer and labor certification requirements.
Each application requires documentation to demonstrate an applicant’s merit and potential, such as academic records, proof of expertise in the field, and recognition of excellence by their peers. To give yourself an idea of what such expertise looks like – and what is required for your case to be approved – we have compiled a list of some of the cases USCIS has approved for our clients If you want us to determine if you may be qualified under the NIW category, do not hesitate to contact us for a free consultation.