Brake Legal Group

The National Interest Waiver (NIW) is one of the many paths the U.S. immigration system offers to foreign nationals seeking permanent residence. In this article, we will take a look at what the NIW is and some of its benefits and eligibility criteria.

What is a National Interest Waiver

The NIW is a type of employment-based immigration. It allows certain individuals to apply for a green card without a specific job offer and without having an employer to sponsor the application. In essence, the U.S. waives these requirements relating to a job offer and employer because the applicant’s unique skills or background would benefit the country as a whole.

The USCIS evaluates NIW applicants based on several important criteria, including the nature of the work the applicant will do in the U.S., the applicant’s qualifications, and the overall benefit to the country of the proposed work.

What are the Benefits of a NIW

  1. No Employer Sponsorship Needed: Unlike many employment-based visas, the NIW does not require an employer to sponsor the applicant.
  2. No Labor Certification: This type of application skips the labor intensive process of getting a labor certification from the government. This means the application process is easier to navigate.
  3. Expedited Green Card Process: Because this process skips some of the challenging requirements involved in other employment related applications, the result is that an NIW applicant has the chance to get their application resolved faster.

Overall, the National Interest Waiver offers a unique opportunity for individuals with exceptional abilities to seek U.S. permanent residence without the typical hurdles of employer sponsorship. As with all immigration options, it is important to consult with an experienced immigration attorney to evaluate your best options.

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