National Interest Waiver

Some foreign nationals with advanced degrees or exceptional ability may be able to immigrate to the U.S. with an Employment-based Second Preference (EB-2) visa and forego Labor Certification and a job offer based on their doing so being in the “national interest.”

In order to qualify for the National Interest Waiver (NIW), the foreign national or employer must demonstrate, by a preponderance of the evidence, that:

• The applicant is a member of the professions holding an advanced degree or as an individual of exceptional ability in the sciences, arts, or business;
• The applicant’s proposed endeavor has both substantial merit and national importance in business, entrepreneurialism, science, technology, culture, health, education or a wide range of other fields;
• The applicant is well-positioned to advance that proposed endeavor. USCIS will look to their education, skills, knowledge and record of success in related or similar efforts, a model or plan for future activities, progress toward achieving the endeavor, and the interest of potential customers, users, investors or other relevant entities or individuals to determine whether the foreign national meets this requirement;
• It would be beneficial to the U.S. to waive the job offer and labor certification requirements of the EB-2 category. USCIS will consider whether the U.S. would benefit from the foreign national’s contributions even if qualified U.S. workers are otherwise available, and whether the national interest of the foreign national’s contributions is sufficiently urgent to warrant foregoing the labor certification process to meet this requirement;
• A favorable exercise of discretion is warranted.

Criteria for proving EB-2 Qualification

• 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 achievements 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.

The rules for a National Interest Waiver are extremely complex but a qualified immigration attorney can help guide you to your goal.