National Interest Waiver

A National Interest Waiver is an exemption from the labor certification process and job offer requirement for advanced degree/exceptional ability workers applying for an EB-2 Visa for Immigration into the United States.

EB-2 petitioners can avoid the PERM Labor Certification process by presenting as a 'national interest waiver'. NIW (National Interest Waiver) requires the foreign national to 'self-petition' so that they can file the I-140 form on their own behalf without involving any labor certification or a sponsoring employer. Petitioners still need to satisfy all EB-2 eligibility requirements related to having either an advanced degree or its equivalent, or showing extraordinary ability.

The ability to pursue a green card through a National Interest Waiver is enabled by Section 203 (b)(2)(B)(i) of the Immigration and Nationality Act of 1990 and 8 CFR ยง 204.5. The guidelines as to how to qualify for such a Waiver are developed through USCIS guidance, currently based on a 2016 precedent decision of the USCIS Administrative Appeals Office called Matter of DHANASAR (see below). As with petitions seeking other types of immigration benefits, USCIS officers use the preponderance of evidence standard of proof, when evaluating whether evidence submitted by NIW applicants is sufficient to grant the Waiver.

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