The National Interest Waiver (NIW) is a pathway to permanent residency in the United States under the EB-2 visa category. It is designed for individuals whose work is deemed to be in the national interest of the U.S., allowing them to bypass the labor certification process. This article will delve into the intricacies of the NIW application, including processing times, recent updates, and the challenges applicants may face.
What is NIW?
The National Interest Waiver (NIW) is a provision under the EB-2 visa category that allows professionals with advanced degrees or exceptional abilities to obtain a green card without a job offer or labor certification. This waiver is available to those whose proposed endavor i.e., work has substantial merit and national importance. Applicants can self-petition, meaning they do not need an employer to sponsor them. The USCIS evaluates NIW requests based on three main factors, as the endeavors that quality for this waiver are not specifically defined by statue.
What does Proposed Endeavor mean?
Proposed Endeavor refers to a planned project, activity, or goal that someone intends to pursue. It is often used in the context of visa applications or business plans to describe what the person plans to do in a new location or role.
In simple terms, it’s the specific work, project, or effort that you are planning to carry out, such as launching a business, conducting research, or starting a new job. It shows what you aim to achieve and why it’s important or beneficial.
Factors USCIS Considers for National Interest Waiver
To qualify for a National Interest Waiver (NIW), petitioners must demonstrate three key factors:
1. Substantial Merit and National Importance of the Proposed Endeavor: The proposed work must have both significant merit and broad national importance, proven by the preponderance of evidence. The endeavor should benefit the U.S. economy, society, or other critical fields such as medical research, technology, or environmental protection. The merit can be shown through contributions in areas like science, business, technology, education, or health. National importance is determined by the potential widespread impact of the endeavor, regardless of its geographic reach.
2. Positioning to Advance the Endeavor: The petitioner must show they are well-equipped to further the proposed endeavor, through skills, experience, and qualifications. Evidence should include past achievements, professional background, and any relevant contributions.
3. Balancing Test: Waiving Job Offer and Labor Certification Requirements: It must be shown that waiving the requirement of a job offer and labor certification is in the best interest of the U.S. On balance, the benefits of allowing the individual to pursue their endeavor without these requirements must outweigh the national interest in protecting U.S. workers. This is particularly relevant for endeavors with broad societal, cultural, or technological benefits.
Note: By demonstrating these three factors, a petitioner can qualify for a National Interest Waiver, allowing them to bypass standard employment-based immigration requirements.
EB-2 NIW Green Card Processing Time
Processing times for the EB-2 NIW can vary significantly based on factors such as the applicant’s country of origin, the volume of applications, and the specific USCIS service center handling the case. On average, it can take anywhere from 12 to 18 months to receive a decision on an NIW petition.
EB-2 NIW Premium Processing 2024
A major update for 2024 is the introduction of premium processing for EB-2 NIW applications. For an additional fee, this option allows applicants to expedite their petitions, potentially reducing the processing time to as little as 45 days. Premium processing can be particularly beneficial for those who require quicker decisions on their applications, offering a faster pathway to securing their green cards.
EB-2 National Interest Waiver Documents Checklist
A well-prepared NIW application should include the following documents:
- Form I-140, Immigrant Petition for Alien Worker
- Evidence of the applicant’s advanced degree or exceptional ability
- Documentation supporting the substantial merit and national importance of the proposed endeavor
- Evidence demonstrating the applicant’s ability to advance the endeavor
- Reference letters from experts in the field
- Proof of any previous achievements and contributions to the field
- Evidence of memberships, publication citations, conferences, or other articles
How to Prove That You Have Exceptional Ability
To qualify for the NIW under the exceptional ability criterion, applicants must provide evidence of at least three of the following:
- Official academic record showing a degree or diploma from a college or university relating to the area of exceptional ability
- Letters documenting at least ten years of full-time experience in the occupation
- A license to practice the profession or certification for the profession or occupation
- Evidence of a salary or other remuneration that demonstrates exceptional ability
- Membership in professional associations
- Recognition for achievements and significant contributions to the industry or field by peers, government entities, or professional or business organizations
- Other comparable evidence of eligibility is also acceptable.
What If My NIW Is Denied?
If your NIW application is denied, you have several options:
1. File a motion to reopen or reconsider with USCIS
2. Appeal the decision to the Administrative Appeals Office (AAO)
3. Reapply with additional evidence or clarification of the initial submission
Consulting with an immigration attorney can provide guidance on the best course of action following a denial.
Frequently Asked Questions
1Q- Can I apply for a NIW without a job offer?
Yes, you can apply for a National Interest Waiver (NIW) without a job offer. The NIW allows applicants to self-petition without the need for an employer’s sponsorship or a labor certification.
2Q- What are the main criteria for an NIW?
To qualify for an NIW, you must meet three primary criteria:
- Your proposed endeavor must have substantial merit and national importance.
- You must be well-positioned to advance the proposed endeavor.
- It must benefit the U.S. to waive the job offer and labor certification requirements.
3Q- What evidence is required to demonstrate that my endeavor has substantial merit and national importance?
To prove substantial merit and national importance, you should provide evidence of your work’s impact and potential benefits to the U.S. This can include publications, citations, awards, and letters of recommendation from experts in your field.
How Kodem Law Can Help You
Kodem Law specializes in assisting clients with their NIW applications. Our experienced immigration attorneys will guide you through every step of the process, from gathering necessary documentation to preparing a strong petition. We stay updated on the latest USCIS policies and procedures to ensure your application meets all requirements. Contact us today to learn how we can help you achieve your immigration goals.
