I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.
See all posts Frank GogolNational Interest Waivers for Green Cards
Updated on April 10, 2024
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Millions of people apply for green cards year after year, even if the process is a very long one. Back in 2017, over 22.4 million people applied to the U.S. visa program responsible for providing lawful permanent residence. But because it’s such a complex and lengthy process, many choose to seek a National Interest Waiver or NIW. Now, what exactly is an NIW green card and how does it work? Let’s find out!
What Is a National Interest Waiver?
A National Interest Waiver is something that allows you, as a foreign national, to self-petition. This means you can file the I-140 form on your own and you don’t need any sponsoring employer or labor certification. It’s pretty much a method that shortens the Green Card application process, as it helps you avoid the PERM Labor Certification procedure.
Can an NIW Be Used when Applying for a Green Card?
An NIW can be used when you apply for a Green Card, as it will help you avoid the PERM Labor Certification process. If an alien applies for a Green Card in the EB2 category and seeks this waiver, then it can be settled that having him/her admitted to the U.S. permanent residence is in the national interest.
What Is an EB2 NIW?
An EB2 NIW is a waiver of the PERM process of job offers. Whereas applying for an employment-based or second preference immigrant visa requires a PERM or a job offer, these will not be required anymore if you get a waiver. The process will be faster if you can establish that it will be in the national interest of the United States if you were admitted as a permanent resident. An EB2 NIW allows you to self-petition.
Difference Between an EB2 Visa and an EB2 NIW Petition
First, let’s establish how a normal EB2 Visa works. With this visa, you will need to obtain some specific things before admission to the U.S. Basically, you will be the beneficiary, and will need an employer to act as the petitioner. The petitioner will have to file Form I-140 for you, but before that, they will have to obtain a labor certificate. The whole point of the petition is to show that the beneficiary is qualified enough, which means he/she has either an exceptional ability or an advanced degree. The entire process takes quite a lot of time, though.
Meanwhile, things are different with the EB2 NIW petition. This one will allow you to self-petition, avoiding the time-consuming steps of the EB2 Visa process. This petition needs to prove your qualifications under EB2. Conversely, it needs to establish that you are someone who can satisfy the requirements of the National Interest Waiver.
It is also not the easiest thing to have an EB2 NIW and be able to receive an immigration benefit under it. A lot of people were able to get it, yet it’s not a guarantee that everyone will be successful.
Who Is Eligible for an NIW Green Card?
In order to be eligible for an NIW Green Card, you will need an exceptional ability in certain fields, such as business, arts or science. Or, you could have an advanced degree, and it will make you eligible for it. Not to mention that you also need to keep working under the same expertise in the States.
How to Use an NIW when Applying for a Green Card?
When you want to apply for a green card through an NIW, you can simply file your own EB2 NIW petition. In some cases, you can also have an employer petitioning for you. The NIW can be used to waiver the necessity of an employment offer when you apply, or labor certification, thus speeding up the process.
NIW Green Card FAQ
If you still have some curiosities about the NIW green card, here are some very commonly asked questions.
Who Qualifies under EB2 NIW (National Interest Waiver)?
Someone who wants to qualify under EB2 NIW should be able to meet the requirements of the EB2 category first. There are two ways through which you can do this.
One of them is through an EB2 “Advanced Degree”. You can satisfy this if you have an advanced degree, one that’s above a baccalaureate degree. These could be a Ph.D. or a master’s degree, for instance. Another way through which you can satisfy this is by proving that you have something equal to an advanced degree. For instance, you may have an additional of five or so years of work in your area of expertise, all after the baccalaureate degree.
The other one is an EB2 “Exceptional Ability”, which can be used when you don’t meet the other requirements. This can be satisfied if you have the means to prove that you have Exceptional Ability under the EB2. Evidence must be brought to back this up. The evidence should meet certain criteria, such as:
- Contribution/Achievement recognition in your field or industry by business organizations, professionals, government entities or peers
- Letters with 10-year documentation of your full-time experience in what you do
- Official academic records that show that you have a certificate, degree, diploma or anything of the sort from your learning institution in your field of expertise
- Professional association membership
- A license that lets you practice your profession/ A certification for your profession
- Proof of commanding a salary for services that show your exceptional abilities
- Other eligibility proof
What Is an Advanced Degree for the Purpose of EB2 Visa?
An advanced degree for the purpose of EB2 Visa refers to an advanced degree above a bachelor’s in the U.S. or a foreign equivalent one.
What If One Only Has a Bachelor’s Degree, and Not a Master’s or Above?
It will be more than enough to have a bachelor’s degree or a foreign equivalent one together with years of experience in the specialty to meet the advanced degree requirement. Therefore, a Master’s degree or above is not a must. Without enough experience, you will need to show “exceptional ability”.
What Is “Exceptional Ability” for the Purpose of EB2 Petition?
People who have an exceptional ability in business, arts or science represent the other group that is part of the second employment-based preference. Foreign people with exceptional abilities could meet the requirements of the EB2 petition in case the petitioner doesn’t have a degree above the Bachelor’s one.
Even athletes could be aliens in this category, as they have exceptional abilities in their area of expertise. For purposes of qualifying in the second employment-based preference, they could also be considered aliens of exceptional abilities in arts.
Conclusion
It’s annoying to wait so much time for your Green Card, and even more annoying to have to go through that time-consuming process. But this can be avoided with an NIW, aka a National Interest Waiver. The waiver will be able to prove that your admission to the U.S. will be in the national interest of the country, so you don’t need a labor certification process, or a specific job offer. If you’re lucky enough and can prove your eligibility, then you may obtain an NIW Green Card. Hopefully, this article was able to help you out with extra info on the matter.
Frank Gogol
I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.