It is important to understand what a National Interest Waiver is and its benefits, particularly for professionals and researchers whose contributions are in the national interest. It is an important option for foreign individuals with specific talents and fields of interest. Contact an employment visa attorney in New York City with any questions or concerns.
What is a National Interest Waiver?
When attempting to enter the United States, immigrants have many options to choose from in terms of visas and applications. An EB-2 visa is an employment-based visa. It allows individuals with an advanced degree or specialized skills to enter and work in the United States permanently. However, the process of getting an EB-2 visa and employer-sponsored green card generally takes a long time and requires a difficult process.
A National Interest Waiver is a provision that allows foreign nationals to obtain permanent resident status in the United States without having a job offer first. This is a powerful option only offered to highly qualified and skilled individuals. Through an NIW, a foreign individual can self-petition for a green card.
What Are the Benefits of a National Interest Waiver?
There are several significant benefits that come along with a National Interest Waiver. First of all, there is no employer sponsorship required. This is beneficial as it allows the applicant to have greater freedom and control over their immigration journey.
In many cases, NIW processing is significantly quicker than the time-consuming EB-2 visa. The applicant does not have to procure a job offer before applying and the National Interest Waiver can expedite the path to a green card, especially for individuals who work in important or critical fields.
It also offers a more flexible experience for the applicant. Those who obtain residency through a National Interest Waiver do not have their immigration status tied to a specific job or employer. They can work in various positions and locations.
What is the Eligibility Criteria for an NIW?
If you want to apply for a National Interest Waiver you must first prove that you are eligible and meet the criteria. Consider the following requirements.
- Advanced degree: The applicant must have an advanced degree or demonstrate exceptional ability in their field of study. This can be shown through significant achievements and recognition for various accomplishments.
- Substantial merit and national importance: The applicant’s work has to have substantial merit and benefit the U.S. in a significant way through impactful contributions.
- Well-suited: The applicant has to prove that they themselves are well-suited to carry out their plan and employment in the U.S. and that they are the best person for the job.
- Benefit to the U.S.: The applicant must show that waiving the labor certification requirement would benefit national interest and that their potential contributions outweigh the need to follow employment visa requirements.
If you believe you are eligible for a National Interest Waiver but have questions or concerns, reach out to an experienced immigration attorney for more information and legal representation.
