National Interest Waivers

Do you work in a field of national interest to the U.S.?

The National Interest Waiver (NIW) is available to green card applicants in the EB-2 category whose admission to permanent residence in the United States is in the national interest.

As an EB-2 (employment-based) petition, the NIW green card applicant is either an advanced-degree professional (Master’s/PhD, or Bachelor’s with 5 years’ experience) or an “alien of exceptional ability.” Common NIW green card applicants include scientists, researchers, PhD students and post-doctoral research fellows.

A key benefit of the NIW is that applicants are not required to have a specific offer of employment or labor certification. The NIW applicant may also make additional green card applications in other categories.

To qualify, NIW green card applicants must qualify as an alien with an advanced degree or “exceptional ability” and meet three elements:

1. Your proposed work has substantial merit and national importance.
2. You are well-positioned to advance your proposed work.
3. When balancing all factors, it would be in the national interest of the United States to grant you a NIW.

To determine your eligibility for a NIW green card, contact us.