National Interest Waiver: The Leading Green Card Choice for Professionals

The National Interest Waiver (NIW) application is a subcategory of the second preference employment-based Green Card EB-2. It is a great option for individuals who have at least an advanced degree or equivalent education, or for professionals who can demonstrate an exceptional background in their field of work. This category, which is frequently preferred by academics, is also a type of Green Card application that is usually favored by successful professionals, executives, and entrepreneurs.

This Green Card application is particularly attractive as it allows individuals to obtain a Green Card without employment, employer sponsorship, or any application to the Department of Labor. Since employer sponsorship is not required, there is no need to go through the PERM (Labor Certification) process, which takes approximately 12–15 months. Furthermore, the NIW allows individuals who currently hold any legal status in the US to apply directly for the Adjustment of Status, depending on Green Card quotas. In this respect, applicants will be entitled to continue staying in the USA legally and obtain work and travel permits within a short period of time. Since NIW Green Card applicants can demonstrate that their work has substantial merit and national importance, the US waives the employer sponsorship requirement and allows them to receive a Green Card directly.

We can outline the criteria required to qualify for this Green Card category into three main groups. The first of these is having sufficient education or experience.

Education or Experience

People who want to get a Green Card through this category must have at least a master’s degree or higher. If individuals have a master’s degree or higher in the USA or other countries, this condition will easily be met. In the absence of a master’s degree or any doctoral degree, a bachelor’s degree and at least five years of work experience in the relevant field is considered equivalent to a postgraduate degree. In this scenario, the postgraduate education criteria will be met with undergraduate education and work experience.

The second criterion is that the work or research that is the subject of the Green Card application must be of a nature that can benefit the public or national interests of the USA.

National Interest - Public Interest

It is a must for this application that the work or research of the NIW Green Card applicant be of sufficient importance and quality to benefit the interests of the USA. However, this criterion should not be interpreted too conservatively. The endeavor in question is not limited to the activities of any particular occupational group. For instance, an engineer’s work on artificial intelligence, a doctor’s work on the treatment of a disease, or an entrepreneur’s contributions to employment could all be considered issues of national or public interest. The important thing here is to demonstrate that the applicants’ efforts can contribute to the national or public interest of the USA.

Sufficient Contribution

Individuals’ contributions are expected to be significantly greater than those typically encountered in the field. It must be demonstrated in the application that the contributions specified will lead to advancement in the field and contribute to the American economy, health, education, or culture. A good example of this would be a significant amount of employment created by a businessperson that could be deemed critical to American national interests. Applicants will not be required to prove that their endeavor will succeed, but rather that they are equipped to make it succeed if the opportunity arises.

Where to Apply for the National Interest Waiver?

NIW Green Card applicants can apply both from within the USA and from other countries. After the approval of their applications, those in other countries can go to US consulates and conduct their Green Card interviews. Applicants in the USA can obtain Green Card status by submitting an I-485 (Adjustment of Status) form. It is worth noting that if EB-2 quotas are not backlogged, applicants in the United States can submit both NIW and I-485 applications at the same time.

Family Members of NIW Applicants

Spouses and unmarried children under the age of 21 of approved NIW applicants can also apply for admission to the USA. However, while the NIW Green Card application provides relatively quick access to permanent residence and a work permit, the preparation process requires serious work. Given the length of the preparation process, it is helpful for applicants to make family plans accordingly.