National Interest Waiver (NIW): Eligibility Criteria and Application Process

The National Interest Waiver (NIW) is a subcategory of the EB-2 visa, which allows individuals to bypass the labor certification process if their work is deemed to be in the national interest of the United States. 

What is the National Interest Waiver (NIW)?

The NIW allows certain foreign nationals with exceptional abilities or advanced degrees to obtain a green card without needing a job offer or labor certification if their work benefits the national interest of the United States. It is a part of the EB-2 (Employment-Based, Second Preference) visa category.

Eligibility Criteria for NIW

To qualify for an NIW, applicants must meet the following criteria:

1. Advanced Degree or Exceptional Ability

2. National Interest Criteria (Matter of Dhanasar)

Under the Matter of Dhanasar precedent, applicants must meet the following three criteria to demonstrate that their work is in the national interest:

Application Process for NIW

1. File Form I-140

2. Adjustment of Status or Consular Processing

Tips for a Successful NIW Application

Keywords

National Interest Waiver, NIW, EB-2 visa, Form I-140, immigrant petition, USCIS, adjustment of status, consular processing, advanced degree, exceptional ability, Matter of Dhanasar, national interest criteria, letters of recommendation.

Conclusion

The NIW provides a valuable opportunity for individuals with advanced degrees or exceptional abilities to obtain U.S. permanent residency if their work benefits the national interest. By understanding the eligibility criteria and following the application process carefully, applicants can maximize their chances of success and achieve their goal of living and working in the United States.


If you have any questions or need legal assistance, please contact Liang Law at (408) 780-8862. We are here to help you through every step of the process.