National Interest Waiver

National Interest Waiver (NIW) National Interest Waiver (NIW) is a petition for an employment-based immigrant visa under the second preference ("EB-2"). Unlike the first preference category for individuals with extraordinary ability ("EB-1A"), EB-2 generally requires a specific, permanent job offer and a corresponding approved labor certification. As a result, not only does the potential beneficiary have to have a firm job offer, but they must rely on that particular employer to petition on their behalf. In addition, the labor certification process can be a very time consuming and costly undertaking for potential employers. This is one reason why many employers are hesitant to petition on behalf of beneficiaries for this particular preference category. However, under the “National Interest Waiver” (NIW) provision for EB-2, an individual may seek a waiver of the otherwise required offer of employment –and thus corresponding labor certification- by establishing that his/her admission to permanent residency would be in the so-called "national interest". As a result, this means that potential beneficiaries can petition on their own behalf. However, because of the heightened evidentiary standard a petitioner must meet, the NIW requires more than a regular EB-2 petition. The procedure is to file the Form I-140 together with corresponding evidence to establish that the foreign person's admission to the United States for permanent residency would be in the national interest.^[1]

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