Basics
Q: What is NIW?
NIW (National Interest Waiver) is a U.S. immigration process that allows individuals with exceptional skills or qualifications to bypass the usual job offer requirement for a green card if their work benefits the national interest of the United States.
Qualification
Q: What is the basic requirements for NIW application?
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
Q: Do I need a US job or US job offer to apply for a NIW?
No, you do not need a US job or a US job offer to apply for a NIW.
Q: Do I need a US degree to apply for a NIW?
No, you do not need a US degree to apply for NIW.
Q: Do I need a sponsor to apply for a NIW?
No, you do not need a sponsor to apply for a NIW because the NIW allows you to self-petition based on your qualifications and the national interest.
Q: Do I need papers or patents to apply for a NIW?
No, you do not necessarily need papers or patents to apply for a National Interest Waiver (NIW). However, having them can strengthen your application because they demonstrate your significant contributions and expertise in your field.
Q:Do I need to have working experience to apply for a NIW?
No, you do not need to have working experience to apply for NIW.
Q: Do I need a Ph.D degree to apply for a NIW?
No, you do not need a Ph.D. degree to apply for a National Interest Waiver (NIW). While having a Ph.D. can strengthen your application, it is not a requirement.
Q: I am a undergraduate, can I apply for a NIW?
Yes, as an undergraduate, you can apply for a NIW if you can demonstrate exceptional ability and that your work is in the national interest of the United States.
Q: I have a part time master degree, can I apply for a NIW?
Yes, you can apply for a NIW with a part-time master’s degree.
Q: I have a degree in arts/social sciences/business, can I apply for NIW?
Yes, you can apply for a NIW with a degree in the arts, social sciences, or business if you can demonstrate that your work has substantial merit and national importance.
Q: Can applicants in any major apply for a NIW?
Yes, applicants in any major can apply for a NIW if they can demonstrate that their work has substantial merit and national importance.
Q: I am in my OPT phase, can I apply for a NIW?
Yes, you can apply for a NIW while in your OPT phase.
Q: I hold a H1B visa, can I apply for a NIW?
Yes, you can apply for a NIW while holding an H1B visa.
Q: I hold a J1 visa, can I apply for a NIW?
Yes, you can apply for a NIW while holding a J1 visa.
Q: I don't have academic background, can I apply for a NIW?
Yes, you can apply for a NIW without an academic background if you can demonstrate exceptional ability and that your work benefits the national interest of the United States.
Q: Do I need recommendation letters in NIW application?
No. Recommendation letters are only one kind of evidences that prove your expertise. You don't have to provide recommendation letters in your NIW petition.
Prep Docs
Q: What is SOC in NIW application?
In the context of a NIW/EB1 application, SOC stands for "summary of contributions" This document serves as a summary of the applicant's qualifications, achievements, and contributions in their field of expertise. The attorney usually ask the client to prepare SOC fist, and use your SOC to assemble your NIW petition package. SOC drafting takes a lot of time. You can try our SoCKit to simplify this process and get your petition filed earlier.
Q: What is i140 in NIW application?
Form I-140, Immigrant Petition for Alien Worker, is a form used to petition for an employment-based immigrant visa, allowing a foreign worker to obtain a green card for permanent work in the United States. It can be filed by an employer or, in certain cases like the NIW, by the worker themselves.
Q: What is called independent recommender? Who are fit for this role?
An independent recommender is an expert in your field who writes a recommendation letter for your NIW application. They should not be closely affiliated with you (not your close colleague, supervisor, or collaborator) and should be able to provide an objective and credible assessment of your work.
Suitable Independent Recommenders:
Experts in your field: Respected professionals or academics.
Unbiased third parties: People who know of your work but are not directly connected to you.
Different institutions: Individuals from organizations other than your own.
Q: Do all the documents for NIW application need to be in English?
Yes, all documents for the NIW application must be in English.
Q: What is the checklist for NIW application?
NIW Application Checklist:
G-1450 authorizing $715 payment for I-140 application fee
G-1450 authorizing $2,805 for I-907 Premium Processing fee.
G-1450 authorizing $300 payment for Asylum Program Fee (or you can use checks)
Application Forms:
Form G-1145
Form I-907 (for premium processing only)
Form I-140
ETA Form 9089
Appendix A
ETA 9089 Final Determination
NIW Petition Letter
Index of Exhibits
Exhibits
Fees & Mailings
Q: The mailing address of NIW application must be US address?
Yes, the mailing address for an NIW application must be a U.S. address if you wanna get mails from USCIS.
Q: How can I pay for the NIW application?
You can pay for the NIW application using a check, money order, or credit card.
Q: If you pay with check, what are the instructions when signing the documents ?
Always use the latest version of all forms
Print all forms and supporting documents single-sided using standard 8½ x 11 letter-size paper.
You may pay fees with bank drafts, cashier’s checks, certified checks, personal checks, and money orders that are drawn on U.S. financial institutions and payable in U.S. funds (See details).
Signature Requirements (See details): USCIS accepts original signature or an original signature on the benefit request that is later photocopied, scanned, faxed, or similarly reproduced, unless otherwise required by form instructions. Please check if you have signed on the following forms.
Sign on Form 140 page 6, item 6a
Sign on $715 check for I-140 form fee
Sign on $300 check for Asylum Program fee.
Sign on ETA 9089 Final Determination form, page 2, Section B. Make a copy of fully executed, signed page 2, and submit this copy instead of the original signed page.
Note: You need to provide 2 checks, one for I-140 fee ($715), the other one is for Asylum Program Fee.. Do Not Use One check to pay all the fees.
Q: if you pay with credit card, what are the instructions when signing the documents ?
Always use the latest version of all forms
Print all forms and supporting documents single-sided using standard 8½ x 11 letter-size paper.
USCIS only accepts Visa, MasterCard, American Express, and Discover credit card issued by a U.S. bank. Make sure the card has enough money to cover the fee. USCIS will reject your application, petition, or request if the card is declined, and USCIS will not attempt to process your credit card payment a second time (See details).
4. Signature Requirements (See details): USCIS accepts original signature or an original signature on the benefit request that is later photocopied, scanned, faxed, or similarly reproduced, unless otherwise required by form instructions. Please check if you have signed on the following forms.
Sign on Form 140 page 6, item 6a
Sign on ETA 9089 Final Determination form, page 2, Section B. Make a copy of fully executed, signed page 2, and submit this copy instead of original signed page.
Sign on G-1450
Note: You need to provide 2 G-1450 forms, one for I-140 fee ($715), the other one is for Asylum Program Fee. Do Not Use One G-1450 to pay all the fees
Q: What are the mailing Instructions ?
There are a few things you need to keep an eye on.
Do not use highlighters or correction fluid or tape. The scanners USCIS use will not properly read information that is greyed out, highlighted or corrected using correction fluid or tape.
Do not send the original documents unless specifically requested in the form instructions. If you send original documents with your form when not required or requested, USCIS may destroy them.
All forms and supporting documents submitted must be single-sided, standard 8½ x 11 letter-size pages.
Mark the envelope and the cover letter with the nature and form number of the submission. For example, Original Submission, Application to NIW (Form I-140).
Do not use binders or folders, heavy-duty staples, Sticky tabs.
Timeline
Q: What's the common timeline for NIW application?
The common timeline for an NIW application is:
Preparation: 1-3 months.
Filing and Receipt: USCIS receipt within 2-4 weeks.
Processing: 10-16 months for regular processing, and 45 day for premium processing.
Approval: If approved, move to the next step in the green card process.
Total time: Typically 12-20 months.
Q: What is PD (Priority Date) in NIW application? How to calculate it?
In the context of a NIW application, "PD" typically refers to "Priority Date." The Priority Date is the date when the USCIS receives your Form I-140 petition (Immigrant Petition for Alien Worker). It marks your place in the queue for an immigrant visa number, particularly important for those in employment-based immigration categories, including NIW applicants.
Q: After NIW application is approved, how long can I get green card?
After your NIW application is approved, the time it takes to receive your green card (permanent residency) can vary. Generally, it involves the following steps:
Form I-140 Approval: Once your Form I-140 (Immigrant Petition for Alien Worker) is approved, USCIS assigns a priority date.
Priority Date Current: Your priority date must be current according to the Visa Bulletin published by the U.S. Department of State. Check here to see the current visa bulletin.
Adjustment of Status or Consular Processing: Depending on whether you are adjusting status within the U.S. or processing through a U.S. consulate abroad, the time can vary.
Adjustment of Status (Inside the U.S.): If your priority date is current and there are visas available in your category, you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) to obtain your green card. Processing times can vary but typically range from several months to over a year.
Consular Processing (Outside the U.S.): If you are outside the U.S., after Form I-140 approval and with a current priority date, you can proceed with consular processing to obtain an immigrant visa at a U.S. consulate. This process also varies in timing, depending on the specific consulate and administrative processing times.
Overall, the time to receive your green card after NIW approval can range from several months to a year or more, depending on individual circumstances and processing times.
Q: How long does it generally take to receive a receipt notice?
It generally takes 2-4 weeks to receive a receipt notice for an NIW application.
Policies
Q: I applied NIW while holding a F1 visa, can I return to my home country?
Applying for NIW does not directly affect your return to your home country, but you should consider the following:
Immigration Intent: Applying for NIW shows immigration intent, which may affect future visa applications or entry into the United States.
Visa Renewal: If you apply for an F1 visa renewal while overseas, immigration intent may be considered, possibly leading to denial.
The latest F1 policies allow to have 140, but its implications on your F1 visa renew is unknown for now.
In short, applying for NIW may affect visa applications or entry into the United States after returning from your home country.
Q: I applied NIW while holding a H1B visa, can I return to my home country?
Yes, you can return to your home country even if you applied for a NIW while holding an H1B visa. Applying for NIW does not restrict your ability to travel back to your home country. However, similar to other visa holders, it's essential to maintain your status and consider potential implications for future travel or re-entry into the United States based on your immigration intent.
Q: I applied NIW while in OPT phase, can I return to my home country?
Yes, you can return to your home country even if you applied for a NIW while in the OPT (Optional Practical Training) phase. Applying for NIW does not restrict your ability to travel back to your home country. However, it's important to ensure that you comply with all OPT regulations and maintain your status while abroad.
Others
Do I need to hire a lawyer to apply for a NIW?
No, you do not need to hire a lawyer to apply for a NIW.