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 (EB-2) 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."
Section 203(b)(2) of the Immigration and Nationality Act (INA) states that alien who are members of the professions holding advanced degree or aliens of exceptional ability (A) In General, … visas shall be made available … to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States. (B) Waiver of Job Offer. (i) … the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirement of subparagraph (A) that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States.
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:
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 to process NIW
"Approval or No Fee*" Service
Significance of Citations
Some Stringent Comments from USCIS
Case Studies: How to use Documentary Evidence to Corroborate your Claims