The National Interest Waiver is a path to employment-based permanent residency that waives the job offer and permanent labor certification requirements typical of employment-based permanent residency. Unlike most employment-based residency petitions, the National Interest Waiver does not require the sponsorship of an employer.
The National Interest Waiver (NIW) is a sub-category of EB-2 petitions, which requires the individual to be a member of a profession holding an advanced degree or have exceptional ability in the sciences, arts, or business.
Additionally, those pursuing an NIW must prove that: (1) their proposed endeavor has both substantial merit and national importance; (2) they are well positioned to advance the proposed endeavor; and (3) it would be beneficial to the United States to waive the job offer and permanent labor certification requirements.
Learn more about the NIW here.
Delgado Rompf Bruen LLC will manage each step of your NIW petitioning process. We will first ask you to submit documentation of your work and accomplishments in your field. We will then meet with you to discuss your case process and any issues that may arise, including identifying potential experts in your field who can provide letters of support, assessing applicable documentation to meet the “well-positioned” standard, and determining how best to present your proposed endeavor.
The acceptable supporting documentation for an NIW classification depends on the field in which the individual is petitioning and the individual’s qualifications. Our attorneys have the expertise to assist individual petitioners in identifying the strongest documentation to support their petition.
Documentary evidence for an NIW petition typically requires evidence that the beneficiary is well-positioned to advance their proposed endeavor, including relevant patents or trademarks, certificates or licenses, published articles or media reports about their achievements, and the individual’s own published works. Letters from other individuals in the petitioner’s field demonstrating the petitioner’s impact on their field, as well as membership in associations for the field are also relevant.
Additionally, evidence related to the substantial merit and national importance of the proposed endeavor, including government reports of the endeavor’s impact will strengthen your case.
If you would like more information, or if you are ready to begin your case, please contact Delgado Rompf Bruen LLC here.