NATIONAL INTEREST WAIVER

The National Interest Waiver (NIW) is a waiver of the job offer requirement for individuals who wish to immigrate to the United States in the second preference category who are members of the professions holding advanced degrees or individuals of exceptional ability in the arts, sciences, or business. Although this category requires an employer and labor certification, the Attorney General may waive this requirement if the work by the alien is in the  "national interest."

Based on the 1998 precedent decision by the INS's Administrative Appeals Office (AAO in Matter of New York State Department of Transportation), the criteria of the NIW for this second preference employment-based immigrant visa category are:

1. the alien seeks employment in an "area of substantial intrinsic merit"; CIS has indicated that following are national interests:

   1. To improve the U.S. economy;

   2. To improve wages and working conditions for U.S. workers;

   3. To improve education and programs for U.S. children and under-qualified workers;

   4. To improve health care;

   5. To provide more affordable housing;

   6. To improve the U.S. environment and make more productive use of natural resources; or

   7. An interested government agency supports the request.

2. the proposed benefit is "national in scope"; and

3. the national interest would be adversely affected if a labor certification were required; in another words, you must prove that the benefit of your unique skills or knowledge would substantially outweigh the U.S. national interest in protecting U.S. workers through the labor certification process. And that your exemption from labor certification process is warranted.

Several examples of approved national interest waiver cases are: scientist, researcher, Postdoc fellow, coach, business owner, investment analyst, medical researcher, engineer, chemist, and university professor.

No labor certification or offer of employment is required. You can petition for yourself as long as you will continue to contribute your talent and knowledge in the same field.

Procedure

Documents required

Case Studies

How to use Documentary Evidence to Corroborate your Claims

Some Stringent Comments from CIS

Significance of Citations

Fee Schedule

	Attorney Fees	CIS Filing Fees
EB-1	Please contact us	$475
EB-1 + NIW		$475 each
Adjustment of Status 　  EAD I-765 Advance Parole I-131		$1,010; ($600 if under 14 and filing with a parent; $930 if under 14 and filing separately) $340 $305