The benefit of the NIW is enormous: Speed, Cost, and Freedom.

• Members holding advanced degree or aliens of exceptional ability for national interest waiver are the category available for self-petitions without an employer's sponsorship, which provide the freedom for changing jobs without jeopardizing the immigration proceedings.

• This petition can be filed without a certified labor certification from the Department Labor. A normal labor certification process can take years. The labor certification must be approved before the employer can even file a sponsorship petition with the USCIS. The processing for EB-2/NIW petitions could be completed within a year without the labor certification.

• Labor certification requires costly advertising fees and the employer is burdened with the monetary and time expense. Employers may pass these costs on to the employee through lower wages.

• While this petition pending, the employee can freely change jobs as long as the position is in the similar field as the petition's profession.

National Interest Waiver (NIW)

The National Interest Waiver (NIW) is part of EB-2 category for aliens of exceptional ability in science, arts or business and professional with advanced degreed, PhD student, post-doctoral could also qualify for this category.

NIW is the most widely used in the fast track petitions by people with certain records for academic achievements such as publications, patents, awards, professional judgments for other people, etc.

Compare with other two fast track categories, NIW has a lower standard for the qualification without the requirement of international claims. This category is relatively easy to be satisfied.

The National Interest Waiver also applies to physicians. Physicians who agree to work full time in a designated health professional shortage area or in hospital and where a federal agency or State department of public health has determined that the physician's work is in the public interest for an aggregate of five years can obtain an NIW green card.

Statutory basic requirements for NIW:

1. A degree of expertise significantly above that ordinary encountered.
2. Must show rare or unusual talent, or unique or extraordinary ability.
3. Must be significantly higher than that required to establish prospective national benefit required for all persons seeking exceptional status.
4. Applicant must submit with statement supporting national interest claim.
5. Provide of proof of exceptional ability - any three of the following:

• Degree relating to areas of exceptional ability.

• Letters from current or former employer showing at least 10 years experience.

• License to practice profession.

• Person has commanded a salary or remuneration demonstrating exceptional ability.

• Membership in professional association.

• Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

• Comparable evidence may include expert opinion letters.

 

Precedent Requirements for Obtaining the National Interest Waiver

1998 New York case law set up the interpretation of what is national interest waiver:

• That the alien seeks employment in an area of substantial intrinsic merit;
• That the proposed benefit will be national in scope;
• The approval must not be aversive to the national interest.

For physicians, the applicant must show the following:

• The physician must agree to work full-time (40 hours a week) in a clinical practice for a total of five years.
• The clinical practice must be located within an area that is designated as a Medically Underserved Area (MUA), a Primary Medical Health Professional Shortage Area (HPSA), a Mental Health Professional Shortage Area (MHPSA), or within a Veterans Affairs (VA) facility.
• A physician serving in a MUA, MHPSA, or HPSA must provide services in a medical specialty for which the area is designated.
• A physician must accumulate the required five years of medical service within the six-year period beginning on the date the NIW is approved

Conditions Necessary to Qualify for National Interest

• The alien's admission will improve the U.S. economy;
• The alien's admission will improve wages and working conditions of U.S. workers;
• The alien's admission will improve educational and training programs for U.S. children and under qualified workers;
• The alien's admission will improve health care;
• The alien's admission will provide more affordable housing for young, aged, or poor U.S. residents;
• The alien's admission will improve the U.S. environment and lead to more productive use of the national resources; or
• The alien's admission is requested by an interested U.S. government agency.

Documentation Required for the National Interest Waiver

• Current, detailed resume including your employment/research history (names, addresses, and exact dates of employment.)
• Copy of college/university degrees and transcripts or notarized copies
• Copy of information of university, research institute or the comparable organization where you are working.
• Information of special research programs you are involved.
• Information of statistic numbers showing the impact of your research areas will affect the public's life.
• Letters of recommendation from colleagues or other authorities in your field (Please ask the authors of these letters if you may also submit a copy of their CV with their recommendation letters).
• Copies of publications in the professional journals and magazines.
• Copy of the proposes for grant applications you prepared.
• Information of citations of your publications of peer reviewed articles.
• Copies of any academic or professional achievement prizes you received in reorganization of your contributions.
• Review articles of the field of your research or project showing the trend of the development and/or the importance of your work.