EB-2 National Interest Waiver (NIW)
The EB-2 National Interest Waiver (NIW) provides a path to permanent residence for qualifying professionals whose proposed work has substantial merit and national importance to the United States. Unlike most employer-sponsored EB-2 cases, an NIW may be self-petitioned and does not require a permanent job offer or PERM labor certification.
Fariba Faiz represents professionals, entrepreneurs, researchers, scientists, engineers, physicians, technology leaders, and other highly qualified individuals in evaluating and preparing National Interest Waiver petitions. Each case is evaluated individually to determine whether the applicant's background, proposed endeavor, and supporting evidence present a strong basis for an NIW petition.
Who May Qualify for an NIW?
An applicant must first qualify for the EB-2 immigrant classification as either a member of the professions holding an advanced degree or as an individual of exceptional ability.
The applicant must then demonstrate that a waiver of the job offer and labor certification requirements is in the national interest. Under the applicable framework, the evidence should establish:
- The proposed endeavor has substantial merit and national importance.
- The applicant is well positioned to advance the proposed endeavor.
- On balance, it would benefit the United States to waive the job offer and labor certification requirements.
Whether these requirements can be established depends on the particular facts and evidence in each case. Professional credentials alone are generally not enough. The petition should connect the applicant's qualifications and record of accomplishment to a clearly defined proposed endeavor and demonstrate its broader importance.
Advantages of the National Interest Waiver
No permanent job offer is required.
Qualifying applicants may pursue an NIW without a traditional employer-sponsored permanent position.
Self-petitioning is permitted.
An applicant may file the I-140 immigrant petition on his or her own behalf without requiring an employer to act as petitioner.
PERM labor certification is not required.
The National Interest Waiver eliminates the Department of Labor recruitment and labor certification process required in many employer-sponsored EB-2 cases.
Greater flexibility in pursuing the proposed endeavor.
An NIW can be particularly useful for professionals, researchers, entrepreneurs, and others whose proposed work may extend beyond a single employer or position.
Building a Strong NIW Petition
A strong NIW petition requires more than demonstrating professional accomplishments or expertise. The evidence should clearly explain the applicant's proposed endeavor, why that endeavor is important to the United States, how the applicant is positioned to advance it, and why waiving the traditional job offer and labor certification requirements would benefit the United States.
Depending on the applicant and the field, supporting evidence may include:
- Publications and citation records
- Patents or evidence of innovation
- Awards and professional recognition
- Media coverage
- Research funding or grants
- Business, investment, or commercialization records
- Evidence of implementation, adoption, or use of the applicant's work
- Government, institutional, or industry interest
- Evidence of leadership or significant professional responsibility
- Independent expert or recommendation letters
- Objective evidence demonstrating the impact and importance of the applicant's work
The appropriate evidence varies considerably from case to case. The objective is not simply to accumulate documents, but to develop a coherent evidentiary record that supports the specific NIW requirements.
NIW Strategy and Case Preparation
Fariba Faiz works directly with clients to identify the strongest NIW theory, define and develop the proposed endeavor, evaluate the available evidence, identify evidentiary gaps, and prepare the petition around the applicant's particular professional record and intended work in the United States.
For professionals considering both EB-1A extraordinary ability and EB-2 National Interest Waiver classifications, the available evidence may also be evaluated to determine which immigrant classification, or combination of strategies, is most appropriate.
Frequently Asked NIW Questions
Does an NIW require an employer sponsor?
No. A qualifying applicant may self-petition for an EB-2 National Interest Waiver without an employer sponsor.
Does an NIW require PERM labor certification?
No. The National Interest Waiver allows USCIS to waive the job offer and labor certification requirements when the applicable NIW standards are satisfied.
Is an advanced degree required for an NIW?
Not necessarily. An applicant must first qualify for EB-2 classification either as a member of the professions holding an advanced degree or as an individual of exceptional ability. The applicant must then separately satisfy the requirements for a National Interest Waiver.
Can entrepreneurs qualify for an NIW?
Potentially. Entrepreneurs may qualify when the evidence establishes the required EB-2 eligibility and demonstrates that the proposed endeavor satisfies the National Interest Waiver framework.
Is an NIW the same as an EB-1A extraordinary ability petition?
No. EB-1A and EB-2 NIW are separate immigrant classifications with different eligibility requirements and legal standards. Depending on the individual's background and evidence, one classification may be stronger than the other, or both may warrant consideration.
Can an NIW lead to a green card?
An approved NIW I-140 establishes an employment-based immigrant petition under the EB-2 classification. The applicant must still be eligible to complete the permanent residence process through adjustment of status or immigrant visa processing, and visa availability may depend on the applicant's priority date and country of chargeability.
Schedule an NIW Consultation
If you are considering an EB-2 National Interest Waiver, a consultation can be used to evaluate your qualifications, proposed endeavor, available evidence, potential weaknesses, and overall immigration strategy.
Schedule a confidential consultation with Fariba Faiz.
