National Interest Waiver (NIW) for U.S. Permanent Residency

For highly qualified foreign nationals seeking permanent residency in the United States, the typical process involves employer sponsorship and a labor certification issued by the U.S. Department of Labor. This certification confirms that there are no minimally qualified U.S. workers available to fill the position.

However, the National Interest Waiver (NIW) offers an alternative pathway—one that allows individuals to self-petition without the need for a job offer or labor certification. This waiver is available to those whose work is deemed to be of substantial merit and national importance to the United States.

Who Qualifies for a National Interest Waiver?

To be eligible for an NIW, applicants must demonstrate the following:

Substantial Merit and National Importance
The proposed endeavor whether in research, innovation, entrepreneurship, or professional practice must have clear and significant value to the United States.

Well-Positioned to Succeed
The applicant must show a strong track record and qualifications that indicate they are well-equipped to advance their proposed endeavor.

National Benefit of the Waiver
On balance, it must be demonstrated that waiving the standard job offer and labor certification requirements would benefit the United States.

Advanced Degree or Exceptional Ability

The NIW is available to individuals who either:

Hold an advanced degree (master’s or higher), or

Possess exceptional ability in the sciences, arts, or business.

Applicants who do not hold an advanced degree must prove exceptional ability by meeting at least three of the following criteria:

(A) Academic records showing a relevant degree, diploma, or certificate from an accredited institution

(B) Letters from employers confirming at least ten years of full-time experience in the field

(D) Evidence of commanding a salary or other remuneration indicative of exceptional ability

(E) Membership in professional associations

(F) Recognition for achievements and significant contributions from peers, government entities, or professional organizations

How We Can Help

We specialize in working with accomplished international professionals, researchers, and entrepreneurs. Our team can help assess your qualifications and determine whether you may be a strong candidate for a National Interest Waiver.

For a personalized eligibility assessment or more information, please contact us.