National Interest Waiver

Our Firm represents those attempting to obtain a National Interest Waiver (NIW) for admission into the United States as a permanent resident. One of the benefits of the National Interest Waiver is that it does not require and offer of employment in the U.S. Additionally, it allows the petitioner to bypass the labor certification process.

The sections that follow give a fairly detailed explanation of the process and its requirements. Obtaining a National Interest Waiver is not easy. We have thirty- six years of experience representing non-citizens in immigration proceedings. Take a moment to review this information. As always, our experience and expertise is available to you and we are available to assist if you have questions and need representation.

• The alien's admission will improve the U.S. economy
• The alien's admission will improve wages and working conditions of U.S. workers
• The alien's admission will improve educational and training programs for U.S. Children and under-qualified workers
• The alien's admission will provide more affordable housing for young, aged, or poor U.S. residents
• The alien's admission will improve the U.S. environment and lead to more productive use of the national resources; or
• The alien's admission is requested by an interested U.S. government agency

Many of the cases in which national interest waivers were approved were supported by affidavits from well-known, established and influential persons or organizations. For example, if submitting a national interest application for a scientist, it would be useful to obtain affidavits from leading scientist, representatives of scientific institutions, and from other organizations associated with the type of research to be pursued.

Documentation detailing past achievements that tend to show future benefits should also be submitted.

Documentation that the alien has already created jobs, turned around a business, or created an increase in exports or other economic improvements should be instrumental in gaining approval.

In addition, the argument must be made and substantiated that the alien's work will be of value to the United States. There should be a focus on the value of the alien's work to the United States, or even to a regional or local interest, such as an alien offering medical or legal services to an area in need of those services. Certain documentation could be used to support this argument, including studies showing a need for the type of services the alien will render; newspaper and/or magazine articles describing a need in the industry or area for the alien's type of services; or statistical surveys, preferably developed by an objective group, showing a need for the type of services the alien would provide.

Immigration expects that in a case where an applicant claims his work is in the national interest, substantial documentation from well-known US experts, established institutions and appropriate US governmental agencies would be readily available.

Those seeking qualification for a waiver of labor certification based on services considered in the national interest must make a showing significantly above that to prove "prospective national benefit" required of all aliens seeking qualification as exceptional. It applies only to aliens who will substantially benefit prospectively the national economy, cultural or educational interests or welfare of the United States.

National interest cases require that the emphasis rest with the overall value and potential of the beneficiary's individual contribution to the U.S. — not the fact that they are working in a field of "high national interest." The alien may qualify by being found to be a "key" or "critical" member of a team if it can be shown that the team function would be severely impaired without this member. Merely working in an area of national interest does not necessitate a finding of national interest qualification.

We highly recommend the submission of testimonial letters from substantial, recognized national or international organizations/institutes/ government agencies with the expertise to definitely say that the work or contribution of the individual truly is in the national interest. The authors of these third-party testimonial letters should clearly state how they came to be familiar with the alien's work.

• A sustained record of high achievement–especially of a "national interest" caliber.
• Support or testimonial letters from substantial recognized government agencies, cultural institutions; national/international organizations with expertise in the field in question, which specifically mention the alien and explain why his/her work is in the national interest.
• Such letters submitted by renown professors or corporate executives should be accompanied by the resume or CV of the writer.
• Articles in major publications about the alien which denote critical acclaim or substantiate the high repute of the individual.
• Critically acclaimed published books or articles where the alien is the primary or first author.
• Secured patent(s) with evidence that the patented product, process or innovation is actually being sold, used or applied in the field.
• Evidence that the alien is the head or "critical member" of a team working on a project of genuine national interest.
• Evidence that the alien's individual project is funded by a grant from a governmental agency or major scientific organization where the alien is listed in funding documents as the principal investigator. However, if evidence of this nature is submitted, it should be accompanied by a letter from the funding agency or organization clearly explaining how the project is in the national interest.

If you have any questions pertaining to the granting of a National Interest Waiver, feel free to contact us. We will be happy to set up a time for you to come into our office and provide a consultation.