When you’re looking for a « green card », the U.S. migration system can feel like a maze. If you are a skilled professional who can make a meaningful contribution to the United States of America, the National Interest Waiver could be your ticket. This guide explains everything you should know about the NIW. It will cover the eligibility criteria and the application process.

What is a National Interest waiver?

The National Interest Waiver is a special provision within the employment-based, second preference (EB-2), immigrant visa. Usually, foreign nationals wishing to obtain a green card under the EB-2 category are required to have a job offered and a Labor certification from the Department of Labor proving no U.S. workers qualified for the position. The NIW waives these requirements if an applicant can prove that the work they do is in « national interest ».

The Criteria for an Interest in National Interest Waiver

To be eligible for a NIW, applicants need to meet specific criteria outlined by a legal structure established by the U.S. Citizenship and Immigration Services (USCIS). The 2016 Matter of Dhanasar case provides the latest and most relevant criteria to determine NIW eligibility.

Significant Merit and National Significance

Your proposed endeavor must be of substantial merit and national importance. This means you should be able show that your work has a substantial impact on an area such as health, business, education, technology, or science and will benefit the U.S.

Positioned well to advance the proposed endeavor

You must be well positioned to move your project forward. You must be able to demonstrate a track record of successful work in your field. This includes relevant experience, skills and accomplishments.

A Balancing Test for National Interest and U.S. Workforce

Finally, you need to show that the national interest would be better served by waiving the job offer and labor certification requirements. This means that you must prove the value of your contribution overrides the need to protect U.S. employees.

Benefits to Obtaining National Interest Waiver

The NIW offers a number of advantages over traditional green cards based employment. Flexibility is one of the biggest benefits. NIW recipients do not have to be bound to a job or employer. It means that you can be your own boss, start a business, or even change jobs without risking the status of your immigration.

The NIW also bypasses labor certification, which is a time-consuming, complex process

. The NIW simplifies and expedites the green card application process by eliminating the requirement to prove there are no qualified U.S. employees available.

List of professions that may qualify

The NIW will appeal to a wide variety of professionals. Some examples of those who may be eligible include:

• Scientists & Researchers: Professionals who are involved in cutting-edge research, especially in biotechnology, environmental sciences, and medicine.
• Entrepreneurs, Business Professionals Individuals or groups who can show that their businesses and innovations will be of significant benefit to the U.S. Economy or Job Market.
• Healthcare workers: Doctors (and other healthcare professionals) who address public health concerns, especially those in underserved communities.
• Teachers and Academics: Professors of higher education, academic researchers and teachers whose research contributes to policy or educational improvements.

Application Process for National Interest Waiver

The application process for an NIW includes several steps. They begin with preparing the petition and submitting it. The petition for an NIW is filed using the Form I-140-Immigrant Petition of Alien Worker. Here’s an overview of the process.

Creating the Petition

In your petition, you must state clearly why the work that you are doing is in the interest of America. It is important to craft a convincing argument that adheres to the Matter of Dhanasar Criteria.

The Key Documents to Include

Your application should include comprehensive evidence supporting your qualifications, such as:

• A detailed resume or CV
• Achieving academic degrees and professional certifications
• Publications or patents citing your work
• Awards and recognitions
• You can get letters of recommendation from professionals in your field

Form I-14

You will submit your completed petition to USCIS with the Form I-140. It’s essential to ensure that your documentation is thorough and well-organized to avoid delays or requests for additional evidence.

Supporting Evidence for a Successful NIW Application

Your NIW applications success depends heavily on the quality of your supporting documentation. USCIS examines your petition to determine if it meets its strict requirements. Include the following:

Professional Accolades

Document any awards, recognitions, or other accolades that highlight your contributions to your field. You might include fellowships and prestigious grants or an invitation to speak at major events.

Publications, Patents and Research

Include these items in your applications if you are a published researcher, have patented products or have created innovative ones. Your application will be stronger if you include more evidence of your impact.

Recommendation

Strong letters of recommendation from well-respected professionals in your field can significantly bolster your application. These letters will highlight your accomplishments as well the national impact of your work.

Evidence that the U.S. economy and public welfare has been affected

Provide evidence that your work has benefited the U.S. economic system, public welfare or national security. Include statistics about job creation, public health improvements, or other measurable results.

Common challenges and how to overcome them

Despite the many benefits of NIW, it can be a challenging process. USCIS sets strict criteria for applicants, and many have difficulty meeting them. Here are some of the most common challenges, and how to overcome them.

Identifying and Addressing Potential Weaknesses

Focus on quality and impact rather than quantity if your application contains areas that could be considered weak. For example, if you have limited publications or a brief professional history. You can counter these concerns by highlighting any unique contributions that you have made.

Managing Requests for Proof (RFEs).

USCIS may send a Request for Evidence to gather more information for a decision. It’s crucial to respond promptly and thoroughly to RFEs, providing all requested documentation and addressing any concerns raised by USCIS.

Using an Immigration Lawyer

Due to the complexity of NIW, it is often helpful to work with a seasoned immigration attorney. They can help you navigate the legal intricacies, ensure your application is complete, and increase your chances of success.

Expected Processing Times

Processing time for NIW applications can vary greatly depending on a number of factors including the volume and complexity of the application USCIS receives, as well as the particulars of your case. You can expect it to take between 8 and 18 months on average.

National Interest waiver vs. Alternative Green Card Options

You should compare the NIW and other green card alternatives to determine what is best for your specific situation. How does the NIW compare to other options?

EB-1 Exceptional Ability

The EB-1 is reserved for those with exceptional ability in their fields, and requires a level of achievement that is higher than the NIW. If you are able to meet the criteria for the EB-1, it could be a more rapid route to a permanent green card.

EB-2 Achieving Advanced Degree Professionals with a Labor Certification

The standard EB-2 application requires a certificate of employment, which can pose a challenge for many applicants. The NIW eliminates the requirement for a labor certification, making it a desirable option for individuals who meet certain qualifications.

EB-5 Immigrant Investor Program

Investors with significant capital can obtain the EB-5. While this option doesn’t require specific professional achievements, it does require a substantial financial commitment.

What is the U.S. government’s role? Citizenship and Immigration Services, USCIS

USCIS is responsible for the processing of NIW applications. Understanding USCIS’ role and how applications are evaluated can help prepare you for your petition. USCIS officers will examine your petition to make sure it meets all legal requirements, and they will determine whether or not your work serves the national interests.

New Trends, Changes and Recent Developments in NIW Applications

NIW applications have seen several policy changes over the last few years. For instance, the increasing emphasis on STEM fields has led to more favorable outcomes for applicants in these areas. Staying informed about these trends can help you tailor your application to align with current priorities.

Case Studies of Successful NIW Applicant

Looking at the examples of successful NIW candidates can give valuable insights on what works. Scientists who have developed a breakthrough in medical treatment and entrepreneurs whose startups created hundreds or thousands of jobs are both good candidates for NIWs.

Tips on how to write a strong waiver application in the national interest

Follow these tips to maximize your chances of succeeding:

• Be Specific. Make sure to explain in concrete language
  national interest waiver

  how you work benefits the U.S.

• Use Strong evidence: To support your claims, you should use strong documentation including letters from experts.
• Stay Organised: Make your application easy to read for USCIS by presenting it in a well-organized, organized manner.

Concluding

The National Interest Waiver can be a powerful tool to help qualified professionals obtain a greencard without having to go through the traditional visa process based on employment. You can convince the United States that your work is vital by meeting the eligibility requirements and submitting a well-supported, strong application. The NIW process is complex but the rewards are worth it.

FAQs

Am I eligible to apply for a National Interest waiver without having an employer as a reference?

Yes, you can apply for the NIW without having an employer or a position offered. This is perfect for independent professionals and entrepreneurs.

How long does it take to get a green card after an NIW approval?

Depending on your visa availability and priority date, the timeline may vary.

What happens if my NIW application is denied?

If you are denied a NIW visa, you may appeal, reapply for the visa, or consider other options like EB-1, EB-2, and labor certification.

Does it make sense to speed up the NIW?

Premium processing for the underlying EB-2 may be available, allowing for a faster initial review.

Can I include my family on my NIW application form?

You can include your spouse, unmarried children and dependent green cards in your NIW.