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Updated: Aug 22, 2022

The National Interest Waiver is exemption from process of labor certification and requirement of job offer for advanced degree/exceptional ability workers that apply for an EB-2 visa to immigrate to the United States.

On January 21, 2022, the USCIS established a new policy that aims to make the National Interest Waiver more widely available to foreigners with experience in STEM who search for endeavors that might benefit the U.S., including business endeavors.

A National Interest Waiver (NIW) is available to someone who is able to show the following:

-the proposed endeavors has substantial merit and national importance;

-the individual is well positioned to advance on the proposed endeavors; and

-it might be beneficial to the United States to waive the job offer and, thus, the requirements for permanent labor certification.

Normally, if you are qualified for the second employment-based category (“EB-2”) (Advanced Degree Workers and individuals with Extraordinary Abilities in Arts, Science and Business), your employer has to go through the labor certification process (PERM). It requires that the employers advertised the job offer and show to U.S. Department of Labor that no U.S. qualified worker has applied to the job offer.

However, when your effort is considered of national interest, the U.S. Immigration Service (USCIS) may waiver the requirements of a job offer and labor certification (PERM).

Individual seeking an NIW are requiring that a Labor Certification is dismissed because it is of interest of the United States. Although jobs qualified for a national interest waiver are not defined by law, NIWs are usually granted to those who have extraordinary ability and whose work in the United States might benefit the nation. Those seeking an NIW can proceed with a self-application (they do not need the employer to sponsor them) and can submit the I-140 Form straight to the USCIS.

To learn more about the process, rely on the support of our experts from the Xplore Immigration Law Firm.


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