1. What is a National Interest Waiver (NIW) and how is it different from other green card pathways?

A National Interest Waiver (NIW) is a route to permanent residency in the United States, which allows a foreign national to apply for a waiver of the Labor Certification requirement. This means that instead of having to seek an employer sponsor or demonstrate the unavailability of qualified U.S. workers, an applicant for the NIW can self-petition and be approved for a green card. The NIW is different from other green card pathways in that it requires the applicant to demonstrate that their admission would be in the national interest of the United States. To qualify for the NIW, applicants must typically fulfill three criteria: exceptional ability in their field; a job offer from a U.S. employer; and that granting a waiver would be in the national interest.

2. What qualifications are necessary for obtaining a National Interest Waiver (NIW)?

In order to obtain a National Interest Waiver, the applicant must demonstrate that his or her work will be in the interest of the United States. Specifically, the applicant must show that the proposed activity will have substantial intrinsic merit, there will be a benefit to the United States that is national in scope, and that the applicant is well-positioned to do the work. The applicant must also provide evidence of exceptional ability in a particular field and provide evidence of past achievement, such as awards, publications, or a record of success in prior endeavors.

3. What are the benefits of obtaining a National Interest Waiver (NIW) for a green card?

The main benefits of obtaining a National Interest Waiver (NIW) for a green card are:

1. Simplified application process: The NIW application process is simpler compared to other employment-based green card applications since it does not require a job offer or labor certification from the Department of Labor.

2. Speed: NIW applications are usually processed much faster than other employment-based green card applications since they do not require the additional step of labor certification.

3. Ability to work anywhere in the US: Obtaining a green card through the NIW is attractive because it allows you to work anywhere in the US, as opposed to getting a green card through employment, which usually requires a specific job offer in a certain location.

4. No job offer or employer required: One of the main advantages of the NIW is that it does not require any job offer or employer. This means that applicants can pursue their own goals and interests without having to rely on an employer.

4. How long does it take to get approved for a National Interest Waiver (NIW)?

The processing time for a National Interest Waiver (NIW) can vary from case to case and is highly dependent on the individual case. It typically takes from 8 to 12 months for an NIW to get approved.

5. What are the processing fees associated with applying for a National Interest Waiver (NIW)?

The processing fees associated with applying for a National Interest Waiver (NIW) are as follows: filing fee, USCIS biometrics fee, and attorney’s fees. The filing fee is $700. The USCIS biometrics fee is $85. Attorney’s fees will vary depending on the attorney or law firm that you choose to represent you.

6. What documents are required when filing for a National Interest Waiver (NIW)?

When filing for a National Interest Waiver (NIW), the following documents must generally accompany the petition:

1. A current resume or CV
2. Evidence of the beneficiary’s education, such as Diplomas, Transcripts, Degrees, and/or Certificates.
3. Evidence of the beneficiary’s full-time work experience relevant to the intended area of work.
4. Letters from employers attesting to the beneficiary’s work experience.
5. Recommendation letters from current or former employers, colleagues, or mentors attesting to the beneficiary’s abilities and accomplishments in the field.
6. Evidence of the beneficiary’s professional achievements, such as awards, publications, patents, or presentations.
7. Evidence that the beneficiary’s work is in the national interest of the United States, such as statements from government officials or letters from non-profit organizations in support of the petition.

7. Can I apply for a National Interest Waiver (NIW) if I already have an immigrant visa petition?

Yes, you can apply for the National Interest Waiver (NIW) if you already have an immigrant visa petition. However, it is important to note that the NIW may not be approved if it is determined that the criteria for the waiver are not met or if your application does not demonstrate that it is in the national interest to grant you the waiver.

8. Can I apply for a National Interest Waiver (NIW) if I already have an approved Form I-140?

Yes, you may apply for a National Interest Waiver (NIW) even if you already have an approved Form I-140. However, the outcome of the NIW application is dependent on the merits of your case and is not guaranteed.

9. Are there any exceptions to the job offer requirement when applying for an NIW?

Yes, some exceptions to the job offer requirement may apply when applying for an NIW. For instance, applicants may be able to establish eligibility if they can demonstrate that they possess exceptional ability in the sciences, arts, or business, or if they are members of a profession with an international recognized reputation. Additionally, applicants who are seeking national interest waivers due to their proposed U.S. employment may be able to establish that their proposed endeavor offers significant public benefit without requiring a job offer.

10. Is an employer’s support letter needed for a National Interest Waiver (NIW)?

Yes, an employer’s support letter is sometimes needed for a National Interest Waiver (NIW). The employer’s support letter should provide detailed evidence that the foreign national’s work will be in the national interest. The letter should also provide evidence that the foreign national has exceptional abilities that would benefit the U.S. as a whole. This evidence can include information regarding the foreign national’s skills, expertise, qualifications, and experience.

11. Is the labor certification process required when applying for a National Interest Waiver (NIW)?

No, the labor certification process is not required when applying for a National Interest Waiver (NIW). The NIW applicant is exempt from the labor certification requirement and can self-petition for permanent residence.

12. Are there any restrictions on applying for a National Interest Waiver (NIW) as an international student?

Yes, there are restrictions on applying for a National Interest Waiver (NIW) as an international student. International students must demonstrate that the proposed work is in the national interest of the United States and that the foreign national is well-positioned to advance this interest. Additionally, international students must demonstrate that they have exceptional ability in their field and meet the criteria set forth by the USCIS for the NIW.

13. What is the best way to establish that my work is in the national interest?

The best way to establish that your work is in the national interest is to demonstrate how it directly benefits the public or the economy. You should be able to clearly outline the positive impact that your work has on the country and provide evidence to support it. For certain occupations, you may need to obtain a national interest waiver (NIW) from the US Department of State to prove that your work is in the national interest.

14. What research or evidence do I need to provide in order to obtain a National Interest Waiver (NIW)?

In order to obtain a National Interest Waiver (NIW), you must provide evidence showing that granting permanent residence to you would substantially benefit the United States. This evidence includes letters of recommendation from employers, colleagues, or other recognized experts in the field; evidence of past achievements such as awards, patents, and peer-reviewed articles; and evidence of current achievements such as current awards, research grants, and contracts. Additionally, an applicant must show that they have extensive knowledge in their field and the potential to contribute significantly to the U.S. economy, culture, or education.

15. Are there any post-approval requirements when obtaining a National Interest Waiver (NIW)?

Yes, there are post-approval requirements for obtaining a National Interest Waiver (NIW). After being approved, the applicant must continue to work in the field that is the subject of the petition and maintain qualifications for the petition. The applicant must also demonstrate that they meet all requirements for the National Interest Waiver and have not abandoned their intent to pursue the proposed endeavor. Additionally, the applicant must continue to document their progress towards this endeavor.

16. If I am granted a National Interest Waiver (NIW), can I petition for my family members to also receive green cards?

Yes, if you are granted a National Interest Waiver (NIW), you can petition to bring certain family members to the US as permanent residents. Eligible family members include your spouse and unmarried children under the age of 21.

17. Is there ever any relief from excessive wait times associated with green card applications through the National Interest Waiver?

Yes, in certain circumstances the U.S. Citizenship and Immigration Services (USCIS) may reduce the wait times associated with green card applications through the National Interest Waiver. In certain cases, USCIS can provide expedited processing of green card applications, or provide waivers from additional processing requirements.

18. Are there any costs associated with filing and processing the application for a National Interest Waiver (NIW)?

Yes. As of 2021, the filing fee for an I-140 form with the National Interest Waiver is $700. Additionally, an $85 biometrics fee must be paid at the time of filing.

19. Does having a National Interest Waiver (NIW) guarantee that my application will be approved?

No, having a National Interest Waiver does not guarantee that an application will be approved. An NIW petition is a request for a waiver of the requirements of labor certification, and it is up to the discretion of the U.S. Citizenship and Immigration Services (USCIS) to determine whether the applicant meets the criteria for the waiver.

20. How often can I re-apply for a National Interest Waiver (NIW) if my application is denied?

If your NIW application is denied, it is advisable to seek out the assistance of an experienced immigration attorney who can help analyze the denial and determine if you have any grounds to appeal the decision or what steps you might take to reapply. Generally, you can reapply for a NIW at any time; however, if your application was denied due to an error on your part or oversights by the adjudicator, reapplying without addressing those issues may result in a similar denial.