National Interest Waiver (NIW)

The U.S. government allows individuals that show great promise in work that is important to U.S. interests to skip the labor certification process and apply for permanent residence through a national interest waiver. The NIW is often the best choice for immigrants who are exceptional or have an advanced degree, but cannot meet the strict criteria for EB-1 classification. An advantage is that NIW petitions do not require a job offer, so individuals can petition for themselves, without the help of an employer or family member. Alternatively, an employer may choose to sponsor an employee under this program.

To obtain NIW approval, the individual must either possess an advanced degree (at least a master’s degree or a bachelor’s degree with at least five years of progressive experience) or have exceptional ability. Additionally, individuals must be able to prove at least 3 of the following:

• A degree or similar award from an institution of higher education related to the field
• Letters documenting at least 10 years of full-time experience in the field
• A license or certification to practice in the field
• A high salary that shows exceptional ability
• Membership in professional associations
• Recognition of achievements and contributions by professionals or organizations
• Other comparable evidence

Concrete evidence that places an individual at a higher level than his/her peers improves chances of NIW approval. Examples include a higher than average number of citations, media attention, patented technology currently in use, etc.

MT Law successfully represents individuals in many areas involving the U.S. national interest. We offer a high-level of personalization and take care to describe our clients’ achievements in detail and emphasize their importance to U.S. national interests through diligent comparative analysis.

If you are an individual that thinks you might qualify for a National Interest Waiver, or if you are an employer who would like to sponsor an employee for permanent residence under the program, please contact us today for a consultation.