1. What is NIW?
National Interest Waiver (NIW) is a United States immigration designation under the EB-2 visa category. The EB-2 visa is intended for foreign nationals who possess advanced degrees or who have exceptional ability in the sciences, arts, or business.
The National Interest Waiver is a special provision that allows an applicant to bypass the traditional requirement of having a job offer and labor certification in the United States, under the premise that their work is of such importance and benefit to the U.S. that these requirements should be waived. In other words, if a person's employment would greatly benefit the nation, they may be eligible for a NIW.
2. Eligibility
In short, the National Interest Waiver (NIW) is a special category within the EB-2 visa category. Its eligibility includes meeting the requirements of the EB-2 visa category along with providing special evidence to demonstrate national interests. Unlike other EB-2 petitions, a PERM labor certification is not required for the NIW. Applicants can file the petition without needing a specific job offer and can be the petitioner themselves without relying on an employer to sponsor them.
To be eligible for NIW, you need to meet the following requirements.
A. Holding an advanced degree or foreign equivalent degree. (A.1 OR A.2)
A.1: US Master degree or higher or a foreign degree a foreign degree evaluated to be the equivalent of a U.S. master’s degree or higher; OR
A.2:U.S. bachelor’s degree, or a foreign degree evaluated to be the equivalent of a U.S. bachelor’s degree, plus 5 years of progressive, post-degree work experience.
B. Exceptional Ability (B.1 AND B.2 AND B.3)
B.1: has exceptional ability in the sciences, arts, or business;
B.2: will substantially benefit the national economy, cultural or educational interests, or welfare of the United States in the future; AND
B.3: services in one of those fields are sought by an employer in the United State
D. National Interest Waiver of Job Offer (D.1 AND D.2)
D. 1: Meet A.1 or A.2 or B, AND
D.2: the waiver of the job offer requirement, and thus, the labor certification requirement, is in the “national interest.
In summary, there are three groups of people who are eligible to apply for an NIW petition.
A.1 and D.2
A.2 and D.2
B and D.2