National Interest Waiver - EB-2
Although the Employment Based Second Preference Category generally requires an employer and labor certification, the Attorney General may waive this requirement for members of the professions who hold advanced degrees and individuals of exceptional ability in the arts, sciences or business.  The waiver is based upon the work of the alien benefiting United States in the "national interest." 

To meet the requirements for National Interest Waiver ("NIW"), the applicant must demonstrate that s/he is seeking work in an area of substantial intrinsic merit to the United States, that the benefit of the applicant's activity will be national in scope, and if a Labor Certification were required it would adversely affect the "national interest." 

Although the term "national interest" is not defined in the Immigration and Nationality Act ("INA"), certain factors are considered. Such factors include the improvement of: (a) Wages and working conditions for U.S. workers; (b) education, (c) health care, (d) the environment and (e) housing. (f) An interested government agency request is an added factor which is given considerable weight by the USCIS.

USCIS Criteria


At least three of the following criteria must be met:
  1. Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to  your area of exceptional ability;
  2. Letters documenting at least 10 years of full-time experience in your occupation;
  3. A license to practice your profession or certification for your profession or occupation;
  4. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability;
  5. Membership in a professional association(s);
  6. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations; and/or
  7. Other comparable evidence of eligibility is also acceptable.

Process


To be a successful National Interest Waiver applicant, the alien applicant must submit his/her petition on Form I-140, supporting documentation that the beneficiary is an "Alien of Exceptional Ability" or an "Advanced Degree Professional," and meet the requirements for National Interest Waiver.

Upon USCIS receiving an NIW application, approval takes approximately three to nine months depending upon the USCIS Service Center that has jurisdiction.



 
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ImmigrationLinks Qualifications

  1. Must demonstrate that the proposed employment is in the national interest.
  2. Those seeking a national interest waive may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
  3. You must meet at least 3 of the following criteria:
    • Official academic record showing that you have a degree, diploma, certificate or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
    • Letters documenting at least 10 years of full-time experience in your occupation
    • A license to practice your profession or certification for your profession or occupation
    • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
    • Membership in a professional association(s)
    • Recognition for your achievement and significant contributions to your industry or field by your peers, government entities, professional or business organizations
    • Other comparable evidence of eligibility is also acceptable

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