National Interest Waivers

Some aliens applying for EB-2 immigrant visas can get the requirements of the EB-2 visa category relaxed by obtaining what are called “National Interest Waivers” (NIW).  Ordinarily, a labor certification and permanent job offer from a U.S. employee are required for an EB-2 visa; an NIW waives both the labor certification and permanent job offer requirements.  An NIW also allows the alien to file the EB-2 application for him- or herself (without an NIW, the U.S. employer must file the application for the alien). In order to be eligible to file an NIW petition, the alien must first prove that he or she meets the “advanced degree” or “person with exceptional ability” requirements for the EB-2 visa (see the EB-2 visa page for more on these requirements .)  The alien must then prove that the following criteria are satisfied:

1.  The alien seeks employment in an area of substantial intrinsic merit to the United States.

2.  The benefit from the alien’s proposed activity will be national in scope (that is,the activity will benefit the entire United States, and not just some part of the United States).

3. Requiring a Labor Certification for the alien would adversely impact the national interest of the United States.

By exempting the applicant from the labor certification and permanent job offer requirements, the NIW expands the population of those able to take advantage of the EB-2 visa program.  However, making the required showing for an NIW is a highly complicated and technical process, so it is very important that an applicant have the help of a skilled attorney.  Give Law Offices of Nicholas Lowry a call and let our skilled immigration professionals help you to achieve your American dreams!