NIW (National Interest Waiver)
National Interest Waiver (NIW)
A National Interest Waiver (NIW) allows certain professionals to self-petition for a U.S. green card under the EB-2 visa category without the need for a job offer or labor certification, provided their work benefits the national interest of the United States.
Eligibility Requirements:
- Advanced Degree or Exceptional Ability: Applicants must either hold an advanced degree (master’s or higher) or possess exceptional ability in fields such as science, arts, or business.
- National Interest Criteria: USCIS evaluates NIW petitions based on three factors:
- Substantial Merit and National Importance: The proposed endeavor must have significant value and national impact.
- Well-Positioned to Advance the Endeavor: The applicant should be capable of advancing the proposed work.
- Benefit of Waiving Job Offer and Labor Certification: Granting the waiver should be advantageous to the U.S., making the job offer and labor certification unnecessary.
Application Process:
- Form I-140 Submission:
- File Form I-140, Immigrant Petition for Alien Worker, with USCIS, including evidence supporting eligibility criteria.
- Adjustment of Status or Consular Processing:
- If in the S.: After I-140 approval and visa number availability, file Form I-485 for adjustment of status.
- If abroad: Undergo consular processing at a S. embassy or consulate in your home country.
Fees:
- Form I-140 Filing Fee: $700.
- Form I-485 Filing Fee: $1,225 (includes biometrics).
- Consular Processing Fee: $345 (if applying from abroad).
Processing Times:
- Form I-140: Approximately 5 to 26.5 months, depending on the service center.
- Adjustment of Status: Varies by location; can take over 2
- Consular Processing: Typically 4 to 6 months after I-140
