Do I qualify for National Interest Waiver?

If you have an advanced degree (above a Bachelors’ Degree or a Bachelors’ degree plus 5 years of progressive post-degree experience) and your work has substantial benefit (merit) or national importance, you may qualify for a National Interest Waiver. The National Interest Waiver allows you to file your green card application without an employer. Substantial benefit or national importance may be shown in a range of areas, such a science, technolgoy, health, business or education. Prospective national impact is not evaluated solely geographically, as a project in one geographical area may hae national importance.

You will also have to show that you are well positioned to advance the proposed undertaking based on your education, skills, knowledge, record of success, a plan for future activities, progress toward achieving your undertaking or interest of potential customers, investors, users or others.

Then, you will have to document that on balance, it would be beneficial to the US to waive the job offer and the labor certification requirements. For example, based on your contributions, urgency or you may have unique knowledge or skills or you may be a self-employed inventor or enterpreneur.

To learn more information about the NIW and about one of our NIW cases, click here.

Please note that this article does not constitute a legal advice.  We simplified the law to provide only general information. If you think you may qualify for a National Interest Waiver schedule a consultation with an experienced immigration lawyer in Phoenix at today or call us at 480-425-2009.