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About NIW (National Interest Waiver)

This is the channel an alien may take if he/she wish to apply for permanent residence status (green card) and seek a waiver of the offer of employment by establishing that his/her admission to permanent residence would be in the National Interest.

There is no rule or statutory standard as to what qualifies an alien for national interest waiver. The United States citizenship and immigration services consider each case on an individual basis. The procedure is to file the case with evidence to establish that the alien's admission to the United States for permanent residence would be in the national interest. For an alien to be successful they must establish themselves as having some kind of unique experience, skill, or knowledge which sets them apart from their peers.

Advantages of the National Interest Waiver and EB-1 Processes

They are much quicker than the normal labor certification process. Where a normal permanent residency petition channeled through the burdensome labor certification process takes three to five years, a NIW/EB-2 or EB-1 takes five months to one year. (i.e. NO LABOR CERTIFICATION NEEDED)

The applicant sponsors himself/herself based upon his/her abilities, education, and experience. This gives the applicant freedom, where he/she is not committed to anyone. (NO SPONSOR NEEDED)

The more publications you have the stronger you application gets and therefore improve your chances of getting residency established.

Anyone with Extraordinary Ability or anyone who has National Interest vested in the U.S. can qualify which means a musician to an artist can qualify for NIW.

Not because you don’t have an award does not mean that you cannot qualify, it’s just that the award would improve your chances greatly.

If you are working you do not need to remain with your current employer, as long as you petitioned for yourself with NIW. In other words you are only committed to yourself.

You do not need a job offer to apply for NIW.

Do not confuse labor certification and NIW, for they are two different things, therefore if you were denied with labor certification because of a shortage of staff you can still apply for NIW, as long as you establish proof that you are working in the national interest of others.

 
 
 
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