What is a National Interest Waiver?

A National Interest Waiver is something that some aliens request during the green card acceptance process. In order to get this waiver, one would have to meet specific requirements that would make them eligible for it.

So, are you planning to apply for U.S. lawful residence and you don’t know whether you can get a National Interest Waiver? Well, this article will give you the information you are looking for regarding this type of waiver.

What Is a National Interest Waiver?

National Interest Waivers refer to a way of getting U.S. permanent residency. They make it possible for the applicant to get a green card without needing a sponsor or an employer. This comes in handy if you are doing any type of work that is beneficial to the United States from an educational, health, or other important points of view. The National Interest Waiver is a subset of the EB-2 category that allows people to get a green card.

Not everyone can obtain this waiver, though. Someone can get it only if they can show evidence that the work they perform is beneficial to the United States in any way.

What Does an NIW Waive?

The EB-2 category residency card process will usually need a sponsor or an employer to offer a job to a person. This will end up testing the labor market to see if there is any other U.S. worker who is qualified for the position and could take the job instead.

This entire process is called “labor certification”, and it unfolds by advertising a particular job in multiple ways. Therefore, it is not a cheap and quick procedure. On top of that, if the case is reviewed by the assigned government agency and they find out that there was actually a qualified U.S. worker but the company didn’t hire him/her, they will end up denying the case. The same thing can happen if any inconsistency is discovered during the application process.

But an interest waiver will make things a bit different. USCIS will use this document to determine whether a person has skills that are so important to the States that a U.S. worker doesn’t even have to get priority first. So, the labor certification and employer sponsorship requirement will be waived.

Advantages and Disadvantages of National Interest Waivers

National Interest Waivers offer many benefits. But while there are indeed some advantages, there are also some disadvantages that you should be aware of before moving forward.

But let’s start with the benefits. Here is what you will get through a national interest waiver:

• With an NIW, labor certification will not be necessary. It is something that is usually mandatory for EB-2 and EB-3 visas, but they are not needed anymore if an NIW is granted. As a result, you don’t have to make any extra effort and you get to save money and time.
• Finding an employer to sponsor you or finding an actual job is not required. Although there are situations when you may be sponsored, you can also self-petition in moments when the employer doesn’t want to do it for you. It also works if you want to start your own company and be more flexible, or if you don’t have a particular job offer at the moment. On top of that, it’s useful if you want to be able to possibly change your job in the future without your immigration status suffering from it.
• It’s not necessary to bring any proof of achievements you had in your particular work field that would benefit the U.S., and you don’t need to prove that you possess an “extraordinary” ability either. This makes it easier to obtain a national interest waiver.
• If your national interest waiver application is approved by the USCIS and you are already an H1B visa worker for the U.S., you might have the chance to extend your visa status even over the 6-year limit.

Now, let’s take a look at the downsides that come with this waiver:

• You need a lot of documents to prove that you deserve your application to be approved. This means that preparing a persuasive application may take some time. USCIS officers are also very discreet when deciding who does work that is beneficial to the United States and it’s therefore in the U.S. “national interest”.
• There is also an expedited, 15-day petition adjudication that you could get in return for an extra fee. This is called “premium processing”. Still, there were situations in the past when this option was not available at USCIS. For this reason, it could take way longer to process this compared to an I-140 you would file under the EB-1 category.
• Premium processing became available in the NIW category starting from October 19, 2020, but USCIS didn’t promise a decision for this for 45 days.

What Are the Requirements for a National Interest Waiver?

You have to qualify for the EB-2 category if you want to also qualify for an NIW. This can happen by either having an exceptional ability or an advanced degree. It’s also essential to meet certain requirements in order to qualify, and they will all apply to your expertise area. You must meet at least three of these requirements:

• Having letters that document a period of at least 10 years of full-time experience in your area of expertise
• Owning official academic records that prove that you have a certificate, diploma, degree, or something similar from a school, university or college, or any institution where your occupation is being studied
• Having a membership in one or several professional associations
• Showing proof that you have commanded salaries or different remuneration services that show that you have exceptional ability.
• Getting recognition from your peers, professional/business organizations, or government entities for your contributions and achievements in your industry or field
• Having a license that lets you practice your profession or certification for your occupation or profession

If you decide to apply using your advanced degree, you may still have to show that you have great skills in your area of expertise as well. After all, your service must be to the benefit of the U.S. in order to grant you the waiver.

Should You Apply for the Waiver?

You should apply for the waiver as long as you think you would qualify and you have all the documents ready. You should submit the documents proving your qualifications for the NIW with the employer, or the I-140 petition of the applicant to USCIS. It may be possible to apply for the green card simultaneously if you are physically in the States as long as a visa number is already available upon approval.

However, if a number is not available, you will have to wait until reaching the priority date.

Read More

• Can I Stay More Than 6 Months Outside the U.S. with a Green Card?
• Green Card Process Steps: EB-1, EB-2, and EB-3 Visa
• SSN Update After Green Card
• How Long Does it Take for USCIS to Make a Decision After an Interview?
• Can You Be Deported if You are Married to an American Citizen?
• Which Countries Can You Visit With a Green Card?

The Bottom Line

A national interest waiver can help you save time and money, but you will only qualify for one in exceptional situations. You will have to demonstrate that your service is of value and will benefit the U.S. greatly. Otherwise, you will not have the opportunity to obtain the waiver.

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.

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