National Interest Waiver

Understanding the national interest

waiver Green Card criteria
1. Who can apply?
2. USCIS Criteria
3. Resources

www.GreencardforPhd.com Easy to use complete NIW do-it-yourself packets

National Interest Waiver

Overview
A National Interest Waiver (NIW) green card
petition is an employment-based immigration
application process in the second preference
category (also known as EB2-NIW).

www.GreencardforPhd.com Easy to use complete NIW do-it-yourself packets

Advantages of National Interest Waiver

Advantages:
1.
2.
3.
4.
5.
6.

NIW petition can request that labor certification process be waived

which allows faster processing saving significant time
USCIS says employer sponsorship (or job offer) is not needed when EB2exceptional ability criteria is met
Applicant can self-petition no need for employer to apply
Great flexibility in changing jobs
Can apply from within or outside USA
Can apply while on any legal status

www.GreencardforPhd.com Easy to use complete NIW do-it-yourself packets

Self-Petition
Several NIW applicants apply on their own using
approved petitions as examples.
Any one who meets the NIW criteria can submit
an application without the help of a lawyer
saving substantial cost.

www.GreencardforPhd.com Easy to use complete NIW do-it-yourself packets

Who can apply in NIW

Any one who satisfies one of the two EB2 sub-categories
and satisfies 3 NIW criteria can apply
1. Advanced degree professionals
2. Exceptional ability

NIW criteria
Your work is in an area of substantial intrinsic merit
the benefits from your employment will be national in
scope.
the significant benefit derived from your participation
in the national interest field of endeavor considerably
outweighs the inherent national interest in protecting
U.S. workers through the labor certification process.
www.GreencardforPhd.com Easy to use complete NIW do-it-yourself packets

Advanced degree professionals

BS in the USA or Master, PhD or BS+5 years from foreign country
While this category appears easier, most applicants choose to use
the second sub-category, because USCIS explicitly states that
"national interest waivers are usually granted to those who have
exceptional ability". USCIS does not explicitly mention that a
permanent job offer is not required for this combination (advanced
degree plus NIW). Therefore, most applicants to use the
requirements of second sub-category.
We have seen some approvals for cases without permanent job
offer in this category, when the national interest case is very
strong.
www.GreencardforPhd.com Easy to use complete NIW do-it-yourself packets

Advanced degree professionals

Evidence
Documentation, such as an official academic record
showing that you have a U.S. advanced degree or a
foreign equivalent degree, or an official academic
record showing that you have a U.S. baccalaureate
degree or a foreign equivalent degree and letters from
current or former employers showing that you have at
least 5 years of progressive post-baccalaureate work
experience in the specialty.
www.GreencardforPhd.com Easy to use complete NIW do-it-yourself packets

EB2-Exceptional Ability
In order to show exceptional ability you must meet three of the following seven
regulatory USCIS criteria.

1.
2.

3.
4.
5.
6.
7.

Official academic record showing that you have a degree, diploma, certificate,
or similar award from a college, university, school, or other institution of
learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your
occupation
A license to practice your profession or certification for your profession or
occupation
Evidence that you have commanded a salary or other remuneration for
services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your
industry or field by your peers, government entities, professional or business
organizations
Other comparable evidence of eligibility is also acceptable.
www.GreencardforPhd.com Easy to use complete NIW do-it-yourself packets

What is National Interest?

USCIS states that there are no established rules
that define what is considered US national
interest and applications are generally judged on
an individual basis. However, there are some
general conditions that are regarded to be in the
US national interest. A few examples include

www.GreencardforPhd.com Easy to use complete NIW do-it-yourself packets

Examples of National Interest

your work is expected to benefit the US economy
your work will improve working conditions in the
US
your work helps national security
your work directly related to defense research
your work improves national health conditions
your work is fundamental research with wide
ranging implications to the US
www.GreencardforPhd.com Easy to use complete NIW do-it-yourself packets

10

What is not National Interest

USCIS clearly states that the proposed work should be
national in scope. The following are examples of what is
not national in scope

If the proposed employment only benefits

a small geographical location in the USA

a small group of people
one company
www.GreencardforPhd.com Easy to use complete NIW do-it-yourself packets

11

Resources

NIW approved examples

Judging chances of success in EB2 NIW
EB2-NIW application process
Reference letters
Understanding EB2-NIW: USCIS Requirements.
PM-602-005.1: December 2010 Policy memorandum
providing guiding for aliens of EB1A and EB2-NIW
based on exceptional ability.

www.GreencardforPhd.com Easy to use complete NIW do-it-yourself packets

12

Resources
Employment-Based Immigration: Second Preference
EB-2
www.Greencardforphd.com
Complete NIW example packet derived from USCIS
approved petition

www.GreencardforPhd.com Easy to use complete NIW do-it-yourself packets

13

Example NIW Petition

Greencardforphd provides example petitions (actual
approved NIW case) that were successfully used by
hundreds of applicants to obtain their Green cards.
Applicants educational background include: Masters or
PhD or PhD student, or Postdoc, or Scientist, or Professor
or Researcher
Applicants from wide range (science, technology,
engineering, medicine, mathematics e.t.c) of fields have
used our packets.
www.GreencardforPhd.com Easy to use complete NIW do-it-yourself packets

14