NATIONAL INTEREST WAIVER
The National Interest Waiver (NIW) is an employment-based immigrant visa that allows applicants with exceptional skills or advanced degrees to obtain a Green Card in the United States. Unlike other employment-based visas, the NIW allows qualified professionals to self-sponsor, avoiding the labor certification process. In this guide, we explain the NIW requirements, the application process, and next steps after approval.
EL NATIONAL INTEREST WAIVER
Requirements
To obtain the National Interest Waiver (NIW), you must meet the EB-2 requirements and also satisfy the national interest criteria. These are the main requirements for the EB-2 visa with NIW:
• Advanced Degree or Exceptional Ability: You must have an advanced degree (such as a master's or doctorate), or a bachelor's degree with at least 5 years of progressive experience. Alternatively, you may qualify if you have exceptional ability in your field, demonstrated by outstanding achievements.
• NIW Criteria: To qualify for the NIW visa, you must meet the Dhanasar criteria, which include:
1. Substantial merit and national importance: You must demonstrate that your work has a significant impact in the U.S., whether in science, technology, health, education, or business.
2. Position to advance in your field: You must demonstrate that you are well positioned to carry out the proposed project or work.
3. Benefit to the U.S. that justifies waiving the labor certification: It must be shown that the work would benefit the U.S. enough to avoid the labor certification process.
These conditions make the National Interest Waiver an attractive option for professionals who want a Green Card without the need for a job offer.
Forms and processing time
Form I-140 ETA 9089
• Form I-140 (Immigrant Worker Petition): Form I-140 is the key document for filing your National Interest Waiver application. In it, you must describe how you meet the requirements and attach all supporting documentation.
ETA Form 9089 fill out the form with the foreign worker's data only the Foreign Worker part
• Fees: The filing fee for Form I-140 is $715, plus an additional fee of $300 of asylum fee, for a total of $1,015.
C. Normal Processing Time
USCIS will review your petition and the documentation submitted. Processing time typically takes between 4 to 12 months if not premium process. In some cases, USCIS may issue a Request for Evidence (RFE) if it needs additional information or denies the petition.
Documents
To qualify for the National Interest Waiver, you must meet the EB-2 requirements and demonstrate that your work meets the national interest criteria. Here are the key requirements:
• Advanced degree or exceptional abilities:
• You must have an advanced degree (such as a Master's or PhD) or, alternatively, a Bachelor's degree with at least 5 years of progressive experience in your field.
• If you do not have an advanced degree, you may qualify by exceptional ability, demonstrating extraordinary achievements in your field.
• NIW Criteria:
To qualify, you must meet the following criteria according to the Matter of Dhanasar case:
1. Substantial and national merit: You must demonstrate that your work has a significant impact in areas of national importance, such as science, technology, business, health, education, among others.
2. Well positioned to advance your activity: You must show that you are well qualified to carry out your work, through your skills, training and experience.
3. Benefit justifying exemption from labor certification: You must demonstrate that the work you perform benefits the United States in such a way that it is not necessary to go through the labor certification process.
Below are some of the types of documentation that are recommended to be included in case you have them:
• Letters of recommendation: Obtain letters of support from professionals and experts in your field that validate the importance of your work and how it meets national importance.
• Letters of Intent: If you work collaboratively with companies or institutions in the U.S., include letters of intent that demonstrate future agreements or projects.
• Record of Success: Present success stories that demonstrate how your accomplishments have benefited your field or how your work has had a positive impact.
• Investments: If you have made investments in the US, include evidence of your investments in relevant projects or businesses that drive economic growth in the country.
• Business Incubators: If you have participated in business incubator or accelerator programs, provide details and letters of support supporting your role and the benefits of your project to the U.S. economy.
• Patents: If you have developed patents or innovative inventions, present the issued patents and evidence of how your innovations have impacted technology, industry or commerce.
• Professional Association Memberships: Demonstrate your involvement in prominent professional associations, which reinforces your standing and contributions in the field.
• Publications and bibliographic citations: Provide a list of academic publications in reputable journals, as well as citations from other authors that recognize your work.
• Conferences and seminars: If you have participated as a speaker at international conferences or important seminars in your field, include evidence of your participation and the impact of your presentations.
Dependents and Other Important Aspects
Once your National Interest Waiver is approved, you will have two options to proceed with your Green Card depending on your location:
A. Adjustment of Status
If you are already in the U.S. with valid status, you can apply for adjustment of status to become a permanent resident.
1. Form I-485 (Application for Permanent Residence or Adjustment of Status): This form is submitted after the I-140 is approved, and you can submit it together if visas are available.
• Fee: The fee is $1,440 plus the work permit $260 and travel permit $630.
2. Work and Travel Permit (optional): You can apply for an EAD (Employment Authorization Document) and Advance Parole (AP) to work and travel while your application for adjustment of status is being processed.
3. Green Card: After USCIS review and, if necessary, an interview, you will receive your Green Card if your process is approved.
B. Consular Process
If you are outside the U.S., you will need to complete consular processing to receive your immigrant visa and enter as a permanent resident.
1. National Visa Center (NVC): After the I-140 is approved, your case will be sent to the NVC, which will request additional documents such as Form DS-260 and civil certificates (birth certificates, criminal records).
2. Consular Interview: Once you submit your documents, an interview will be scheduled at the U.S. embassy or consulate in your country.
3. Entering the US as a resident: After your visa is approved, you will be able to enter the US, and once inside, you will receive your Green Card.