National Interest Waiver
Jorge Law Firm specializes in helping individuals and businesses navigate the National Interest Waiver (NIW) process.
With a focus on securing green cards for professionals and experts in fields deemed vital to the U.S., our experienced team ensures a smooth and efficient petition process tailored to each client’s unique qualifications and goals.
Read our guide to learn how to apply for a national interest waiver.
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Are You Eligible For A National Interest Waiver Green Card?
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What is the National Interest Waiver?
The National Interest Waiver (NIW) is a special category of employment-based immigration within the second-preference (EB2) visa program.
This program allows eligible foreign nationals to bypass the labor certification process and U.S. job offer requirements to obtain an employment-based green card.
Benefits of the National Interest Waiver
- Ability to self-petition without a job offer or labor certification
- Faster processing times than other employment-based green card categories
- Path to permanent residency
- Ability to sponsor your spouse and children under the age of 21
Key Highlights of Our NIW Green Card Legal Services
As a team of experienced immigration attorneys, we are well-equipped to assist our clients in obtaining a national interest waiver. Our firm offers comprehensive legal services to ensure the best possible outcomes.
- In-depth Evaluation of Eligibility: Our skilled attorneys conduct a thorough evaluation of our clients’ qualifications to determine their eligibility for an NIW green card petition.
We carefully review their education, work experience, skills, and achievements to assess whether they meet the stringent criteria for the national interest waiver, which includes demonstrating that their work is of national interest to the United States. - Strategic Case Preparation: We understand the importance of meticulous case preparation in the NIW green card process. Our attorneys work closely with our clients to gather all necessary documentation, such as letters of recommendation, evidence of achievements, and other supporting documents to prepare a compelling case that highlights their unique qualifications and contributions to the national interest of the United States.
- Legal Experience in Presenting Evidence: Presenting compelling evidence is crucial to the success of a national interest waiver petition. Our experienced attorneys have a deep understanding of the legal requirements and standards for NIW cases.
We ensure that our clients’ evidence is presented in the most effective manner possible. We carefully craft legal arguments that support our clients’ eligibility for the NIW and address any potential issues or challenges. - Prompt Response to Requests for Evidence (RFEs): If a NIW green card petition receives a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS), it requires swift and strategic action.
Our attorneys are experienced in handling RFEs and work diligently to respond to them within the strict deadlines, addressing any concerns raised by the USCIS and strengthening our clients’ cases.
Secure Your Future With Our Legal Immigration Assistance.
Eligibility for a National Interest Waiver Green Card
For a National Interest Waiver (NIW) petition, the requirements are as follows:
Professional Qualifications
The applicant must possess advanced degrees (such as a master’s or doctorate) or have exceptional ability in their field, demonstrated by extensive documentation of their education, work experience, and achievements.
Evidence of Impact
The applicant must provide strong evidence of their past achievements, publications, citations, patents, awards, and other relevant contributions in their field to demonstrate their exceptional ability and the impact of their work.
Letters of interest in the petitioner’s endeavor from research and educational facilities that are federally funded or from government organizations or agencies can be helpful as evidence. Your endeavor must have implications that surpass an employer’s interests and have broader applications or impact to be sufficient for an approved NIW green card petition.
Waiver of Labor Certification
The applicant must request a waiver of the labor certification process, which typically involves obtaining a job offer and proving that there are no qualified U.S. workers available for the position. The NIW allows the applicant to bypass this requirement.
Instead of a job offer and PERM labor certification, applicants must demonstrate that waiving the job offer requirement would benefit the U.S. This is based on a three-prong test:
- Substantial merit and national importance
- Evidence to advance the endeavor
- Balance of national interest
Substantial Merit and National Importance
The applicant’s work should extend beyond the applicant’s immediate employer. Instead, its impact should contribute to the U.S. economy in areas such as healthcare, technology, education, entrepreneurship, science, or national security. The applicant must provide a detailed and specific description of their tasks and the contributions they expect to make as an NIW recipient. A national interest waiver requires the recipient’s endeavor to benefit the U.S., not only the employer.
Evidence to Advance the Endeavor
The applicant must show a track record of success, qualifications, and experience in a role or effort similar to the endeavor they wish to engage in as a NIW green card holder.
When petitioning for their national interest waiver, the applicant’s proposal should be as detailed and forthright as possible. It should
- clearly detail the plan and its intended positive impact on U.S. interests,
- provide a detailed explanation of the steps that will be taken to achieve success in the endeavor and
- show proof that potential customers, investors, supporters, or other interested parties are interested.
Balance of National Interest
The benefits of waiving the job offer would outweigh the need for labor certification. The applicant must establish that their work is in the national interest of the United States and that granting the NIW would benefit the country as a whole, such as through economic, scientific, technological, or cultural contributions or that the benefit is time-sensitive in nature or application.
Ability to Continue Work
The applicant must demonstrate that they have the ability to continue working in their field of expertise in the United States, either by showing current employment or by providing evidence of job prospects, funding, or other means of support.
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National Interest Waiver FAQ
Apply for a National Interest Waiver with the Jorge Munoz Law Firm
Jorge Enrique Munoz is our firm’s founder and managing attorney. He has the knowledge and experience to handle employment-based immigration concerns including complex cases such and the national interest waiver.
Schedule a consultation to discuss your options for getting a NIW green card and working in the United States.
