National Interest Waiver

Professionals with advanced degrees and persons of exceptional ability in the sciences, arts, or business fields may be eligible to apply for a national interest waiver (NIW), under the employment-based second preference (EB-2) immigrant category.

National Interest Waiver (NIW) Benefits

The NIW has two main benefits. First, the individual does not need a labor certification or job offer. Second, the individual may self-petition for immigration, as an alternative to being sponsored by his or her employer. Due to these benefits, NIW petitions may be processed faster than other EB-2 petitions.

Qualifying for a National Interest Waiver (NIW)

While applying for an NIW has significant benefits, the individual should know that it may be difficult to establish that he or she qualifies for an NIW. In addition to having an advanced degree, the individual must provide documentation showing that he or she possesses exceptional ability in his or her field of endeavor. Additionally, the individual must also demonstrate that he or she meets the following three tests:

  • The "foreign national's proposed endeavor has both substantial merit and national importance;"
  • The "foreign national is well positioned to advance the proposed endeavor" and
  • The United States would benefit "on balance" if the job offer and permanent labor certification requirements are waived.

Don’t Do It Alone. Get Help From Experienced Immigration Lawyers

It can be very difficult to meet the high standards required to get a National Interest Waiver (NIW). Because of this, it’s very important that applicants have an in-depth understanding of how to best make their case for why they should get a National Interest Waiver (NIW).

Moon Law’s experienced, knowledgeable immigration lawyers can help you through the National Interest Waiver (NIW) process. To get professional guidance related to the specifics of your case, schedule a consultation today.


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