The NIW (National Interest Waiver) is a pathway within the U.S. immigration system that allows certain foreign nationals to bypass the usual labor certification process for obtaining an employment-based green card. It is granted to individuals whose work is deemed to be in the national interest of the United States.
To qualify for an NIW, applicants typically need to demonstrate exceptional abilities or an advanced degree in their field and prove that their work benefits the United States in a significant way. This often involves showcasing achievements and contributions that go beyond what is expected in their profession.
Those seeking a national interest waiver are requesting that the job offer, and thus the labor certification, be waived because it is in the interest of the United States. The endeavors that qualify for a national interest waiver are not defined by statute; instead, USCIS considers the 3 factors:
- Your proposed endeavor has both substantial merit and national importance.
- You are well positioned to advance the proposed endeavor.
- On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
Applicants eligible for an NIW include individuals with advanced degrees or exceptional abilities in fields such as science, technology, engineering, mathematics, business, or arts. Additionally, entrepreneurs and certain medical professionals serving underserved communities may also qualify. The NIW application process involves submitting evidence of qualifications and the impact of the applicant’s work to the U.S. Citizenship and Immigration Services (USCIS) along with a petition for an employment-based green card.