National Interest Waiver - (NIW)

Alternative to the standard EB-2 visa process, which requires applicants to follow the Labor Certification process known as Program Electronic Review Management or PERM, our office helps applicants to request this requirement be waived all the while demonstrating that it is in the best interest of the United States government to do so.  This alternative is known as the National Interest Waiver or NIW.  Using this alternative, the EB-2 visa can be requested directly to the USCIS and not rely on an employer to do so on the applicant's behalf.

The National Interest Waiver (NIW) in the U.S. is typically granted to individuals with exceptional abilities in fields that are of significant importance to the nation.

Professionals eligible for a National Interest Waiver in the U.S. often include researchers, scientists, engineers, medical professionals, and individuals with exceptional skills in technology or entrepreneurship. Those making substantial contributions to areas like renewable energy, healthcare advancements, artificial intelligence, and critical research projects are prime candidates. The key is to demonstrate not only excellence in their field but also the direct positive impact on the nation's interests, justifying the waiver of the labor certification.

Careers that often qualify for a National Interest Waiver (NIW) in the U.S. include:

• STEM (Science, Technology, Engineering, Mathematics) Professions such as Scientists, Engineers, and Researchers in fields such as Physics, Biology, Computer Science, & Engineering.

• Healthcare Specialists like Doctors, Medical Researchers, and Professionals addressing critical health issues and shortages.

• Technology and IT Experts: Individuals contributing significantly to technological advancements and innovation.

• Environmental Scientists who are working on environmental conservation, sustainability, and addressing climate-related challenges.

• Entrepreneurs and Business Leaders with a track record of creating jobs, fostering economic growth, and enhancing U.S. competitiveness.

• Academic Scholars (Professors and Researchers) making substantial contributions to academia and research.

Applicants must demonstrate exceptional expertise and prove that their work and proposed endeavor directly serves the national interest, setting them apart in their respective fields. Please refer to the following link for a more comprehensive list of STEM careers: https://www.ice.gov/doclib/sevis/pdf/stemList2023.pdf

National Interest Waiver Criteria

In 2016 The U.S. Citizenship and Immigration Services (USCIS) announced an accepted framework for determining foreign national applicability to be granted the National Interest Waiver via 'Matter of Dhanasar' [26 I&N Dec. 884 (AAO 2016)].  The framework consists of three criteria which must be met in order for the EB-2 applicant to be granted an NIW:

1. The foreign national’s proposed endeavor has both substantial merit and national importance. A wide range of fields of endeavor may qualify, including business, entrepreneurialism, science, technology, culture, health, and education.

2. The foreign national is well-positioned to advance the proposed endeavor. To determine whether the foreign national meets this requirement, USCIS will look to his or her 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.

3. On balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements of the EB-2 category. To meet this requirement, USCIS will consider (among other factors) 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.

National Interest Waiver - Pilot Profession

A strong case can be made for the Pilot profession to be of national and strategic interest to the US Government due to the expected shortage of pilots in the US as a result of the COVID Pandemic and the subsequent large amounts of retirements.   Thus, we are expected to see the encouragement of the arrival of Pilots into the United States, allowing ATP licensed foreign Pilots to apply for the EB-2 National Interest Waiver.  Pilots who can fulfill the criteria of the NIW do not need a job offer or sponsor in the US to request a green card for them and their family.

National Interest Waiver - Teachers and Educators

There are instances when a school's teacher needs far surpass the local workforce availability in a city, county or state.  This is the case in Osceola County, Florida (News Story Here) where there are 140 teacher vacancies in need of fulfillment.  The county school system has decided to fill these positions with teachers / educators from South America.  This move will allow those individuals who meet the requirements to take advantage of a National Interest Waiver from the federal government and obtain a J-1 Visa.  Please contact our Orlando Immigration Lawyer to obtain more information.

National Interest Waiver - Updated Guidelines

Released on January 21, 2022 the USCIS (Per USCIS.gov) "announced updated guidance on adjudicating requests for “National Interest Waivers” regarding job offer and labor certification requirements for certain advanced degree professionals and individuals of exceptional ability. This includes discussing the unique considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs.

Consistent with this Administration’s goal of removing barriers to legal immigration under President Biden’s Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, USCIS is clarifying how the national interest waiver can be used by STEM graduates and entrepreneurs, as well as the significance of letters from governmental and quasi-governmental entities. The updated guidance also serves to promote effective and efficient processing of benefits consistent with the executive order.

An employer seeking to hire a noncitizen must generally obtain a permanent labor certification from the Department of Labor that proves there are no qualified U.S. workers for the position they are seeking and that their employment will not adversely affect similarly employed U.S. workers. The noncitizen may, however, seek a waiver of a job offer, and of the labor certification, if it is in the interest of the United States.

Individuals seeking a national interest waiver must show evidence of an advanced degree or exceptional ability and must also meet three factors that USCIS uses to determine, in its discretion, whether it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification. The three factors USCIS considers for a national interest waiver are whether:

• The person’s proposed endeavor has both substantial merit and national importance;
• The person is well positioned to advance the proposed endeavor; and
• It would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements.

Those seeking a national interest waiver may self-petition using Form I-140, Immigrant Petition for Alien Worker.  This guidance, contained in Volume 6 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance."

For more up to date news regarding the National Interest Waiver and other Immigration News from all relevant US Government Agencies, please visit our Immigration Agency News Page

Questions regarding the National Interest Waiver? Contact our firm at (407) 593-4501 or fill out a contact us form to have our Attorney contact you.



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