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National Interest Waiver

What is the EB-2 National Interest Waiver?

The EB-2 National Interest Waiver (NIW) is one of the sub-types of the second employment-based immigration category.  (Please note that there is a completely separate NIW which is specifically reserved for foreign physicians, which you can read about on our J-1 page).

The NIW is reserved for foreign nationals who possess “exceptional ability” in their field.  Exceptional ability requires that the foreign national have risen to the very top of his or field of expertise.  The main advantage of the NIW is that the applicant is not required to secure a job offer from a U.S. employer.  The applicant can file the NIW petition for him/herself before even visiting or finding a job position in the United States.

In order to qualify for the NIW, the applicant must meet the following requirements:

  • The applicant must demonstrate that his/her prospective work is in a field that is of substantial intrinsic merit
  • The applicant must show that his/her personal contributions to the field will benefit the U.S. as a whole
  • The applicant must prove that the U.S. National Interest would be adversely affected if a labor certification were required from the applicant

In order to prove that the applicant meets these requirements, the applicant must file an I-140 Petition with U.S. Citizenship and Immigration Services.  These types of petitions are generally very long and detailed as they must explain to USCIS why the applicant meets all three NIW requirements.  Along with the explanation, the applicant must provide USCIS with copies of his/her education degrees and transcripts, work experience verification letters or certificates, and samples of the applicant’s work and achievements such as published articles, awards, and recommendation letters from similarly renowned professionals in the field.

The Advantages of the NIW

The greatest advantage of the NIW is that it does not require a U.S. employer to sponsor the applicant or file a PERM/Labor certification for the applicant.  The PERM/Labor certification is very long whereas in comparison, the NIW petition process can be accomplished in only a matter of weeks of months.

Another advantage is that the NIW applicant, if successful, can also obtain green cards for his/her spouse and unmarried children who are under the age of 21.

How We Help NIW Applicants

At the Callan Law Firm, P.C., our experienced attorneys filed hundreds of successful NIW petitions every year.  Our clients specialize in computer science, medicine, business, IT, athletics, and more.  By working with our office, you can rest assured that your case will receive the specialized and individual attention needed to prepare the best possible NIW petition for submission to USCIS.

We provide comprehensive assistance and guidance throughout the entire NIW process, including but not limited to writing the supportive legal memorandum that explains the applicant’s eligibility for the NIW, drafting the required letters of recommendation, and gathering the needed evidence that will show USCIS that the applicant merits an NIW approval.

Contact our office today to speak to one of our knowledgeable attorneys about your qualifications for the NIW.