The National Interest Waiver (NIW) is a program that allows certain foreign nationals to obtain a green card in the United States without having to obtain a job offer from a U.S. employer. To be eligible for an NIW, you must meet the following requirements:

• You have a master’s degree in the field of endeavor in which you have developed your career and in which you plan to work in the U.S.
• If you don’t have a master’s degree, it is possible to qualify with a bachelor’s degree if you can show at least 5 years of progressive experience after receiving the bachelor’s degree and meet the criteria for exceptional abilities.
• You can show that you are well positioned to advance your endeavor here in the U.S. In practical terms this means you have an expression of interest or job offer from one or more U.S. organizations interested in employing you, or you are planning to open your own business through which you will advance your endeavor. 
• You can demonstrate that your proposed endeavor in the United States has substantial merit and will benefit the national interests of the U.S.

If you meet these requirements, you can file an NIW petition with U.S. Citizenship and Immigration Services (USCIS). USCIS will review your petition and decide whether to grant you a waiver of the job offer requirement.

What is the NIW Green Card?

The NIW Green Card is a type of permanent residency that is available to foreign nationals who can demonstrate that their work in the United States has substantial merit and will benefit the national interest. The NIW Green Card is a great option for foreign nationals who have a high level of expertise in their field and who want to live and work in the United States permanently.

Eligibility requirements for the NIW Green Card

To be eligible for the NIW Green Card, you must meet the following requirements:

• You must have a master’s degree in the field of endeavor in which you have developed your career and in which you plan to work in the U.S.
• If you don’t have a master’s degree, it is possible to qualify with a bachelor’s degree if you can show at least 5 years of progressive experience after receiving the bachelor’s degree and meet the criteria for exceptional abilities or higher, or its equivalent, in a field of study that is related to your proposed endeavor.
• You can show that you are well positioned to advance your endeavor here in the U.S. In practical terms this means you have an expression of interest or job offer from one or more U.S. organizations interested in employing you, or you are planning to open your own business through which you will advance your endeavor. You must have a record of sustained national or international acclaim and recognition in your field of study.
• You can demonstrate that your proposed endeavor in the United States has substantial merit and will benefit the national interests of the U.S.

How to apply for the NIW Green Card

To apply for the NIW Green Card, you must file an I-140 petition with USCIS. The I-140 petition must be filed by a U.S. employer or by a self-petitioner. If you are filing while you are in the U.S. and would like to adjust your status without leaving the United States, you must also file an I-485 application for adjustment of status. Premium processing is not available for NIW petitions; this means that your petition will be reviewed within 45 days if you pay the fee for expedited adjudication. However, it is important to monitor whether the category is “current” in the visa bulletins. There has lately been heightened interest in the NIW category. As a result, there is a backlog of cases. If the NIW category is backlogged in the month you are planning to file, you would be unable to file the I-485 for adjustment until your place in line comes up.

The I-140 petition must include the following:

• A completed I-140 form
• A copy of your bachelor’s degree or higher, or its equivalent
• Evidence of your record of sustained national or international acclaim and recognition
• A description of your proposed endeavor in the United States and how it will benefit the national interest

The I-485 application must include the following:

• A completed I-485 form
• A copy of your passport
• A copy of your I-140 petition approval notice
• A medical examination report
• A filing fee

Benefits of the NIW Green Card

The NIW Green Card offers several benefits, including:

• The ability to live and work permanently in the United States
• The ability to sponsor family members for immigration
• The ability to travel freely to and from the United States
• The ability to obtain a U.S. passport

Common mistakes to avoid when applying for the NIW Green Card

There are a few common mistakes that people make when applying for the NIW Green Card. These mistakes can include:

• Not meeting the eligibility requirements
• Not providing adequate evidence to support your application, in particular evidence of the substantial merit of your endeavors
• Failing to demonstrate the national importance of your activities for the United States

It is important to carefully review the eligibility requirements and to provide all of the required evidence when applying for the NIW Green Card. You should also make sure that you file your application correctly. Because the criteria for an NIW are so vague and flexible, working with an attorney who has extensive experience with NIW is critical. A significant portion of the work for an NIW involves carefully and creatively structuring the case in order to most effectively address the concerns of the officer. An experienced attorney has the best perspectives as to how to best do this and maximize the chances of an approval. 

Conclusion

The NIW Green Card is a great option for foreign nationals who have a high level of expertise in their field and who want to live and work in the United States permanently. However, the NIW category is a very complicated visa category with multiple nuances that can create problems for an applicant.You can schedule a personal immigration review with us here to discuss your qualifications for the NIW option or discuss other possibilities to help you realize your goals of moving to the United States.