An national interest waiver is for advanced degreeexceptional ability workers who are seeking an exemption from the labor certification process and job offer requirement. Such applications are considered National Interest Waiver or NIW in short.
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National Interest Waiver NIW is a provision which lets EB-2 green card applicants skip the intensive PERM Labour Certification process cutting down their green card wait time by significant amounts.
What is national interest waiver. In addition to providing evidence of an advanced degree or exceptional ability you must also meet the 3. Will be in the national interest. Notice that this part is the most complex for most people to understand which is what differentiates a regular EB-2 visa from an NIW visa.
National interest waivers are usually granted to those who have exceptional ability and. Generally an EB-2 immigrant visa requires a specific job offer and labor certification. A National Interest Waiver NIW petition falls in the employment-based or so-called second-preference EB-2 immigration category.
The National Interest Waiver NIW is an employment based green card category that permits self-petitioning. Lawful permanent residence a green card without an employer as sponsor which can be used if you are engaged in work that benefits the United States economy education system health or some other aspect of society. The National Interest Waiver NIW is a method to obtain lawful permanent resident LPR status in the United States.
This waiver is basically a subset of the EB-2 employment based category for obtaining US. The National Interest Waiver NIW is an avenue foreign nationals can explore for entry into the US. The benefit of the national interest waiver is that it allows the foreign national to circumvent the labor certification application process entirely however to qualify for either the standard national interest waiver or the national interest waiver for physicians the foreign national must be able to prove that it is in the best interest of the United States to grant them an immigrant visa without requiring the labor.
One reason USCIS may grant the national interest waiver is because a physician agrees to work for a period of time in a designated underserved area. The National Interest Waiver NIW allows a foreign national to self-petition and file an I-140 on behalf of himselfherself without the involvement of an employer and a labor certification application. The labor certification process is discussed in the EB2 and EB3 overview.
For an EB2 NIW National Interest Waiver case the foreign national can self-petition the case. In these cases an applicant can self-petition for an EB-2 NIW visa. Whose employment in the United States would greatly benefit the nation.
The applicant must show that it is in the US national interest for the government to waive the regular EB-2 requirement of a job offer and labor certification. The National Interest Waiver visa recognizes that it may be in the national interest of the United States to waive the job offer and Labor Certification process for some foreign nationals. The theory of a national interest waiver is that the applicants ability to reside in the United States is in the national interest and therefore the need for a job offer or a labor certification.
The petition not only needs to establish the foreign nationals qualifications under EB2 but also demonstrate that the qualifications satisfy the National Interest Waiver requirements three-prong test in the Matter of Dhanasar decision. If they are currently prohibited due to travel within a suspended region the last 14 days. The applicant must qualify by having either an exceptional ability in the sciences business or arts or an advanced degree.
This requirement can be waived if the petitioner demonstrates that granting the EB-2 petition would be in the national interest of the United States. Close All Open All. An alien may apply for a green card in EB2 National Interest Waiver NIW category and seek a waiver of the offer of employment and waiver of labor certification by establishing that hisher admission to permanent residence in the US.
The NIW falls within the EB-2 immigrant visa category. A national interest waiver is a method of obtaining US. What is a National Interest Waiver.
Though the jobs that qualify for a national interest waiver are not defined by statute national interest waivers are usually granted to those who have exceptional ability see above and whose employment in the United States would greatly benefit the. Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. The waiver part of the name is based on the fact that this green card is granted based on a waiver of the job offer and the labor certification PERM process.
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