About NIW (National Interest Waiver)
NIW is an exception in EB2 application, allowing the applicant of complying with conditions to waive the employer’s sponsorship and application of labor certificate. As for the applicant of foreign worker immigration, the general requirements of applying for EB2 are to seek the local employer’s sponsorship in the United States for providing the job and wage meeting the requirements of the Department of Labor for the foreign worker, as well as providing the permanent labor certification to the Department of Labor to obtain the labor certificate. This whole process is significantly long with manpower and financial resources consumption.
In order to better attract excellent talents, as well as reduce the time and financial burden of immigration for excellent talents, the foreign worker of complying with the NIW (National Interest Waiver) may waive these two preconditions including the employer’s sponsorship for work and the application of labor certificate. That is, the foreign worker of complying with NIW may directly submit his/her own I-140 immigration application form by himself/herself, or the employer may directly submit I-140 immigration application to Immigration Office without obtaining the labor certificate in advance.
So what kind of applicant may meet the application requirements of NIW?
First of all, you need to meet the basic requirements of EB2.
Based on this, Immigration Office requires that the foreign worker may apply for NIW only if the job he/she will perform can be predicted to bring a great benefit to the United States and this country. Immigration Officer will perform an examination to the professional ability of NIW applicant, and own the discretionary power. Generally speaking, NIW is applicable to the candidates who are having strong abilities and high achievements in the fields of science, art and commerce etc.
In summary, the qualification requirements for NIW are much higher than the general requirements of EB2.
Currently the United States’ government has issued a series friendly policies to the immigration group since Biden won the US presidential election. In January 2022, the Biden Harries Administration is announcing a series of actions to rebuild and strengthen their immigration system, as well as advocate the richness for the United States. Based on these actions, Immigration Office is also encouraging STEM professional personnel to apply for NIW at present.
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