NIW

National Interest Waiver

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver (NIW) 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 nation. Those seeking a national interest waiver 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. In addition to providing evidence of an advanced degree or exceptional ability (described in the boxes above), you must also meet the 3 National Interest Waiver criteria below** in order to demonstrate that it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification.       

** Criteria for National Interest Waiver (NIW)

·       The proposed endeavor has both substantial merit and national importance.

·       You are well positioned to advance the proposed endeavor.

·       It would be beneficial to the United States to waive the requirements of a job offer, and thus, the labor certification.

Note: Employment-based, second-preference petitions must usually be accompanied by an approved Application for Permanent Employment Certification from the Department of Labor on ETA Form 9089, however, you may request a waiver of this requirement through a National Interest Waiver petition.

For aliens of exceptional ability that can demonstrate widespread acclaim and international recognition or certain professional nurses and physical therapists, the employer may submit the petition to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A. For more information on Schedule A, read our policy in Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker, unless you are filing for a National Interest Waiver, in which case you can file a Form I-140, Petition for Alien Worker on your own behalf. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.

For more information on filing fees, see the Fees page.

Hire aN NIW San Francisco lawyer

NIW San Francisco lawyer Rebecca Freeman can assist you in filing an NIW petition. Our San Francisco Bay Area law firm provides services to increase the likelihood of a successful employment visa application.