The National Interest Waiver (NIW) is a unique provision within the EB-2 employment-based immigrant visa category that allows individuals to self-petition for a green card without the need for an employer sponsor or a labor certification. The NIW is designed for individuals whose work benefits the national interest of the United States.

Unlike most employment-based immigrant visa categories that require a U.S. employer to sponsor the applicant and go through the labor certification process, the NIW offers a streamlined path for those who can demonstrate their ability to contribute significantly to the U.S. economy, health, security, or other national priorities.

How the NIW Works?

1. Waiver of Job Offer and Labor Certification:

Applicants are not required to have a specific job offer or go through the labor certification process, which typically involves proving that no qualified U.S. workers are available for the position.

2. Self-Petition:

Individuals can file the Form I-140 (Immigrant Petition for Alien Workers) on their own behalf, eliminating reliance on an employer.

3. Eligibility Criteria:

Applicants must first qualify for the EB-2 category, which requires:

• An advanced degree (master's or higher) or 5 years of post-bachelor's professional experience in a relevant field; or
• Exceptional ability in the sciences, arts, or business.

4. National Interest Test:

Petitioners must meet the following requirements:

• The proposed endeavor has substantial merit and national importance.
• The individual is well-positioned to advance the proposed endeavor.
• Granting the waiver would be beneficial to the United States, outweighing the need for labor certification.

Benefits of the NIW:

1. No Employer Sponsorship Required:

The NIW eliminates the need for a sponsoring employer, providing flexibility for self-employed individuals, entrepreneurs, or those working on independent projects.

2. Streamlined Process:

By waiving the labor certification requirement, the NIW reduces the complexity and time associated with traditional employer-sponsored green card applications.

3. Accessible for Diverse Professionals:

The NIW is available to individuals across various fields, including:

• Science, Technology, Engineering, and Math (STEM).
• Healthcare and public health.
• Arts, business, and entrepreneurship.
• Education and social sciences.

4. Pathway for Entrepreneurs:

Entrepreneurs and business owners can use the NIW to establish or expand businesses in the U.S. if they demonstrate that their endeavors serve the national interest.

5. Opportunity for STEM Professionals:

STEM professionals, whose work often aligns with national priorities such as innovation, technology development, or public health, may benefit from USCIS's enhanced consideration of their contributions.

6. Greater Control Over Immigration Pathway: