EB-2 National Interest Waivers

The NIW Standards can be reviewed at:

https://www.immigration.com/blogs/new-standards-national-interest-waiver-dhanasar-case

The I-140 NIW is a petition filed using Form I-140 (Immigrant Petition for Alien Workers) that requests a National Interest Waiver, which allows USCIS to waive the requirement of a job offer and labor certification if it is in the interest of the United States.

The I-140 NIW essentially allows qualified professionals to self-petition for a green card by demonstrating that their work serves the national interest of the United States, bypassing the typical requirement for employer sponsorship and labor certification.

You must qualify for the employment-based second preference (EB-2) category, meaning you must be either a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability.

The NIW exempts the petitioner from the normal requirement of a job offer, and thus from obtaining a labor certification from the U.S. Department of Labor. This means you can petition for yourself without needing an employer sponsor.

NIW Requirements

The petitioner seeking a waiver of the job offer must not only demonstrate eligibility for the EB-2 classification, but also demonstrate that the waiver itself is in the national interest. For those claiming exceptional ability, you must show that your presence in the United States would substantially benefit the national economy, cultural or educational interests, or welfare of the United States in the future.

For detailed information from the USCIS regarding NIW filings, please visit: 

https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-eb-2-na…

 

Green Card