FAQ: What Is National Interest Waiver Visa?

NIW (National Interest Waiver) is an option to get a green card for certain individuals who have “exceptional abilities” in the field of science, arts, business or any other profession. This implies that the foreign national is eligible to apply for their green card without any job offer from a U.S. employer.

How do you qualify for a national interest waiver?

What are the Criteria for NIW?

  1. The proposed endeavor has both substantial merit and national importance.
  2. You are well-positioned to advance the proposed endeavor.
  3. It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

What visa category is national interest waiver?

A National Interest Waiver (NIW) petition falls into the employment-based immigration, second preference (EB-2) category, also known as EB-2 NIW. Normally, a permanent job offer and an approved labor certification are pre-requisites to file an employment-based, second preference immigration petition.

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Who qualifies for national interest exemption?

These included: U.S. citizens. Green Card holders / Lawful Permanent Residents. close family members of U.S. citizens or green card holders (including, among others, spouses and children under 21)

How long does it take to get a national interest waiver?

It can take anywhere from 6 months to more than 1 year to obtain approval, depending on a variety of different factors. The PERM process is also time consuming for both the U.S. employer and the applicant, making the National Interest Waiver option extremely advantageous.

How hard is it to get national interest waiver?

To be eligible for a national interest waiver, you must first qualify for the EB-2 category, by having either an advanced degree or exceptional ability. In addition, you must satisfy a rigorous set of criteria related to your area of expertise.

What is the benefit of NIW?

The advantages of the NIW are that, by going through the NIW process, the PERM process is waived. You can self-petition and you do not have to have a job offer. However, obtaining an NIW is more difficult and you will not be able to opt for premium processing if you choose the NIW route.

Do nurses qualify for national interest waiver?

The Petitioner has demonstrated that her work as a registered nurse is in an area of substantial intrinsic merit. Without evidence demonstrating that her work has affected the field as a whole, employment in a beneficial occupation does not, by itself, qualify the Petitioner for the national interest waiver.

Can I work with EB2 NIW?

Generally, an EB2 visa or other employment- based visas require a formal employment offer for an applicant to be eligible to apply. An EB2 with NIW, on the other hand, does not require any employment offer. The applicant is not required to go through the labor certification process with the Department of Labor.

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What happens after NIW approval?

After your NIW case is approved, and USCIS has mailed you or your attorney an approval notice, the final step is securing your green card. If an immigrant visa number is available and you have not yet applied for an adjustment of status, this is the time you’ll need to do so.

Can Indian students travel to US?

With the inclusion of India in National Interest Exception for US visas, travellers who already had valid student (F-1 or M-1) visas, including those for continuing curricular practical training (CPT) or optional practical training (OPT) programmes, and who will resume their programmes on or after August 1, 2021, may

Is there premium processing for NIW?

What is it? Premium processing provides expedited processing for Form I-129, Petition for Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker.

How many citations are required for NIW?

To summarize, the National Interest Waiver petition is an excellent choice for published post doc Researchers with a PhD, 5 or more publications and 10 or more citations to obtain permanent residence in the United States.

How do you prove national interest?

Examples of evidence can be detailed expert letters that demonstrate the interest of the U.S government in the petitioner’s research, documentation that the foreign national played a significant role in projects funded by governmental grants, and evidence of the foreign national’s education background, skills,

Are Indians eligible for NIW?

Similar to those clients born in China, immigrant visas are not currently available for individuals born in India and petitioning for an NIW. As a result, those individuals must wait to be granted permanent residence even with an approved I-140.

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What is i140 NIW?

I-140 Form is used for Immigrant Petition for Alien Workers. People filing under the categories of EB-1 Alien of Extraordinary Ability, EB-1B Outstanding Researcher/Professor and EB-2 NIW (National Interest Waiver) need to fill out the form and file the case to the USCIS with the supporting evidence.

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