National Interest Waiver (NIW)
The National Interest Waiver (NIW) is a subcategory of the EB-2 immigrant visa that permits individuals to bypass the labor certification process if they can demonstrate that their work has substantial merit and national importance. At Whitaker & Warburton, we develop tailored strategies to present clients’ qualifications under the NIW framework, focusing on evidence that establishes their contributions to the United States in areas such as business, science, technology, and public policy. Our approach emphasizes both the petitioner’s track record of achievement and the prospective benefit of their continued work.
EB-2 National Interest Waiver (NIW)
The National Interest Waiver is a visa option that allows individuals to self-petition without a specific job offer if they meet one of the two second-preference based options:
You have an advanced degree (Master's or Ph.D Degree), or its equivalent (Bachelor's Degree and 5 years of experience); or
You have demonstrated exceptional ability in your field.
Once you establish eligibility for the second preference, in order to receive a National Interest Waiver EB-2 you must also meet the National Interest Waiver test was established by the Administrative Appeals Office (AAO) precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). This case became the framework by which USCIS evaluates all NIW petitions. The three prongs of the Dhanasar test require:
Your proposed work has both substantial merit and national importance;
You are well-positioned to advance your proposed work; and
When balancing all the factors, it would be in the national interest of the U.S. to grant you a waiver of the normal job and labor certification requirements.
Our dedicated attorneys will meticulously evaluate your qualifications, compile compelling evidence, and strategically present your case to USCIS, providing personalized support every step of the way. Contact us to determine the most suitable employment-based immigration pathway for your unique profile and career aspirations.
Advantages of the Self-Petitioning National Interest Waiver
You can self-petition without a job offer
NIW eliminates the need for an employer sponsor and gives you greater flexibility and control over your immigration process. You are not dependent upon an employer and you can change jobs without affecting your green card petition. NIW also provides the flexibility to work as an entrepreneur, independent contractor or to be self-employed. You can move freely throughout your industry and relocate should that be needed.
Increased Agency over your Immigration Process
Self-petitioning also allows you to present your accomplishments and background in a way that highlights your individual achievements and accolades without being specifically tied to an employer. It puts you in the driver’s seat of your career and immigration process without the limitations found in employer-sponsored immigration filing.
No Labor Certification Required
National Interest Waivers bypass the time-consuming and arduous labor market test that requires employers demonstrate that no qualified U.S. workers are available for the position.
Extending your Nonimmigrant Status
An approved I-140 petition can lead to indefinite H-1B extensions under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), allowing H-1B visa holders to extend their status beyond the normal six-year limit. This can protect you from any status interruptions that can negatively affect your eventual adjustment of status to green card holder.