Introduction to the National Interest Waiver (NIW)

The National Interest Waiver (NIW) is a valuable avenue for highly qualified individuals to obtain a U.S. green card through self-petition, bypassing the need for a job offer. This guide provides essential information about the NIW.

Benefits of a National Interest Waiver (NIW)

One of the primary advantages of the NIW is the ability to self-petition for a green card, eliminating the need to secure a U.S. employer’s sponsorship. It also offers a streamlined process, saving considerable time compared to traditional employer-sponsored green cards.

National Interest Waiver Requirements

To qualify for an EB2 NIW, applicants must meet four main criteria:

1. Qualify under the EB2 immigrant category, which includes advanced degree professionals or individuals with exceptional ability.
2. Demonstrate that their proposed endeavor in the U.S. holds substantial merit and national importance.
3. Establish their capability to advance the proposed endeavor effectively.
4. Prove that waiving the job offer and labor certification requirements would benefit the United States.

Required Documents to Apply for a National Interest Waiver

The specific documents needed for an NIW application vary based on individual circumstances. However, general documents include educational degrees, evidence of exceptional ability, curriculum vitae (CV), citation reports, publications, awards, grants/patents, passport copy, and expert testimonials.

National Interest Waiver Process

The NIW process involves several key steps:

1. Consult with an Immigration Lawyer: Seek guidance from an experienced immigration lawyer to assess your eligibility, analyze your background, and strategize your NIW application.

2. File Form I-140 with USCIS: This is the Immigrant Petition for Alien Worker and represents the initial step in applying for a green card under the EB2 NIW category. Accompany it with a comprehensive cover letter and supporting documentation.

3. Choose Between Adjustment of Status or Visa Processing:

   • Adjustment of Status: Suitable for those lawfully present in the U.S. in a valid non-immigrant status. It involves filing Form I-485 and takes place within the United States.
   • Immigrant Visa Processing: Applicable when not lawfully present in the U.S., it involves filing a DS-260 with the Department of State, attending a visa interview at a consulate abroad, and entering the U.S. as a lawful permanent resident upon approval.

National Interest Waiver Fees

The USCIS filing fees for each step of the EB2 NIW process include:

• Form I-140: $700
• Form I-485 (Adjustment of Status): $1,225
• Optional Premium Processing Fee: $1,410

National Interest Waiver Processing Time

The overall processing time varies depending on factors such as concurrent filing, immigrant visa processing, and priority date. It can range from 6-9 months for those adjusting status in the U.S. and up to 14-17 months for immigrant visa processing, especially if there is a visa backlog.

Conclusion

The EB2 National Interest Waiver offers a path to U.S. permanent residency without the need for a job offer. It is crucial to meet high standards and work with an experienced lawyer to navigate the application process successfully. Additionally, the NIW allows applicants to include their spouse and unmarried children under 21 years old in the application.