National Interest Waiver (EB-2)

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States.  Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation.  Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

Requirement – In order to qualify for NIW…

  1. You must show that you plan on working in the U.S. in an area of substantial intrinsic merit;
  2. You must show that the proposed impact of your work is national in scope; and
  3. You must show waiving the labor certification requirement would benefit the national interests of the U.S.
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