The National Interest Waiver (NIW) is an employment-based immigrant visa category that can lead to a green card. One of the key advantages of the NIW is that it allows self-petitioning, so there is no need to find an employer in the United States to sponsor a petition. In fact, “National Interest Waiver” derives from the act of the United States “waiving” the job offer and United States Department of Labor certification requirements. However, the NIW falls under the EB-2 green card category, meaning it is restricted to those individuals who have advanced degrees, or those who, in the absence of an advanced degree, can show that they have exceptional ability in their field of expertise. However, notably, the NIW has become much more accessible since the 2016 court case,
Matter of Dhanasar.
Interested in whether you qualify for a NIW?
Here is how to tell if the NIW is the right visa category for you:
Are you an “Advanced Degree Professional”?
The basic definition for an advanced degree professional in the EB-2 category is someone who holds a degree beyond that of a baccalaureate level. Master’s degrees, Ph.D.’s, M.D.’s and J.D.’s are all common examples of advanced degrees that will qualify a person as an advanced degree professional.
Don’t hold such a degree? Don’t worry!
Even if you haven’t completed one of these degree programs, it is still possible to qualify as an advanced degree professional
if you meet certain conditions. A Bachelor of Science or Bachelor of Arts degree can also serve to help qualify you as an advanced degree professional.
United States Citizenship and Immigration Services has provided an alternative definition of advanced degree professional
as someone with a baccalaureate or foreign equivalent degree plus five years of post-baccalaureate, progressive work experience in the field. This means as long as you have completed a BS or BA program, and you have worked in your field full-time for five years since earning your degree, you can still be considered an advanced degree professional!
What if you have not completed a 4-year university degree program?
You may still be eligible for a NIW even without earning a university degree. In the absence of a university degree, another way to be eligible for a NIW is by proving you are exceptionally talented in your profession. There are several ways to show that you have exceptional ability, including letters of recommendation from recognized experts in your field, letters from your past employers (that prove you have been working in your field full time for at least 10 years), memberships in professional associations, evidence that you earn a high salary compared to others in your same occupation, licenses or certificates for practicing in your occupation, among others.
If you have any questions about whether you might be eligible to apply for a NIW, please schedule a consultation with one of our experienced attorneys.
We look forward to working with you.