National Interest Waiver

A National Interest Waiver is an employment-based second preference immigration petition, where it requests that the otherwise required U.S. job offer requirement and the labor certification requirement is waived for the sake of the “National Interest of the United States.” A beneficiary of a National Interest Waiver is exempt from meeting the requirement that his or her employer first obtain a Labor Certificate from the U.S. Department of Labor.

Any person can qualify for National Interest Waiver, if he/she can prove that his/her work is and will be in the national interest of the United States of America. This benefit or exemption is called the National Interest Waiver.

The National Interest Waiver (NIW) is a method of obtaining permanent residence while bypassing the U.S. Department of Labor’s Labor Certification Process. Your NIW application must clearly prove that you need to prove is that the work that you are doing, i.e. your profession, is in the national interest of the United States of America. The professions and work that can qualify for National Interest Waiver should somehow benefit the US Economy in terms of education, healthcare, housing and/or environment and also includes physicians serving in a medically underserved population or a VA facility. A crucial requirement for attaining the National Interest Waiver, a three-prong test, laid out in NYSDT. In order to qualify as the National Interest Waiver beneficiary, one should meet all the three parts of the test.

You are not requiredto obtain a permanent job offer from a U.S. Employer to become eligible for a National Interest Waiver. There is no sponsorship form the employer is required to file, an individual can self petition for a National Interest Waiver. The process of getting employment authorization and travel documentation is much faster than the labor certification process, and the spouse and children can also obtain employment authorization and travel documents faster.

Apart from all these advantages, the National Interest Waiver also has a few disadvantages. It can be difficult to prove that the work that you are doing is in the national interest of the United States of America. The efforts that you make are not necessarily quantifiable. Doctors who want to obtain a NIW based on serving an underserved area are required to sign a contract for five years agreeing to only serve the United States of America, which could potentially hamper their growth and freedom. But when looking at the big picture, obtaining a National Interest Waiver is a way to obtain permanent residency in the US for the foreign national and their family. In most cases, the pros far out-weigh the cons.

To obtain a National Interest Waiver, the beneficiary must file a Form l-140, and all supporting documents directly with USCIS. Utilizing the services of a qualified, experienced Immigration Attorney focusing on National Interest Waivers gives you the peace of mind in knowing that your application will be prepared in accordance with the USCIS regulations. No matter how accomplished you may be, the USCIS basis their decision on the arguments and evidence provided in the Petition. When it comes to something this critical to you and your family, it is best to retain the services of someone who is familiar with the process and committed to your success.

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