The National Interest Waiver (NIW) is an immigration petition that is part of the employment-based category of immigration. It requests that the required labor certification be waived for the sake and purpose of upholding the national interest. It is geared towards professionals holding advanced degrees or individuals who have an exceptional ability. This falls under the EB-2 immigration category.

In order to be eligible for the national interest waiver, the basic eligibility requirements must be submitted by the applicant. He must have the following characteristics:

• A U.S. master’s degree or higher (or its foreign equivalent), or
• A U.S. bachelor’s degree or foreign equivalent plus at least five years of progressive experience in your profession, or
• An exceptional ability (Generally, an individual is deemed to have an exceptional ability when he holds a degree of expertise significantly above that which is ordinarily encountered in your profession).

If the individual holds the characteristics, the next step is to make sure that he satisfies what is called the three-prong test. This test aims to show that the individual can benefit greatly for the benefit of the national interest of the United States. The three-prong test is the following:

• Does the applicant’s proposed endeavor have both the substantial merit that the applicant says it to be and does it have national importance?
• Is the applicant in the right position to advance the proposed endeavor or undertaking?
• Would it be beneficial for the United States to waive the requirements on the job offer and of the labor certification?

When seeking a National Interest Waiver, the following documents need to be presented by the applicant:

The applicant must submit a completely filled up Immigration Petition for Alien Worker (Form I-140) and an Alien Employment Certification Application (Form ETA-750B).

As attachments, the individual must also attach the following documents:

• If he is already in the United States, he must attach a copy of his passport;
• The individual must also attach both sides of FormI-94, if he is already in the United States;
• The applicant must also show some evidence of his current nonimmigrant visa status, if he is in the United States; and
• The applicant must attach proof that he is an individual with advanced eligibility or has an exceptional ability. The applicant must attach the following documents as evidence that he is any of his claims:

1. His degree certificate(s) and evaluation report(s) – these documents must fully demonstrate that his educational background is at least equivalent to a master’s degree in the United States;
2. All publications, presentations, abstracts, and invitations to conferences must also be submitted in order to fully assess the applicant’s ability and eligibility;
3. Citations of published works or publications, if available, will also give the USCIS a background of what the applicant is an expert on;
4. Comments on your papers by referees of journals, if any;
5. Requests for reprints of your publications, if any, is also a good source of your eligibility as it shows that the applicant is known in the field.

Other documents that the applicant may present to help his petition are the following;

• His complete curriculum vitae, with all of his published works, and citations. Currently, links to the individual’s accomplishments available only may serve as evidence as well.
• Evidence of awards or honors received, if any;
• Evidence of membership in professional associations, if any;
• Documents on the funding of your research projects, or grant numbers, if any;
• Documents of your participation, either individually or on a panel, as the judge of the work of others in your field, if any; and
• Newspaper articles about some of your reference writers that would establish the applicant as somewhat an authority in the field of his expertise.

There must also be some letters of recommendation coming from the field in order to showcase his experience and authority coming from not only his works but also from his peers in his field of expertise. These recommendation letters will also show a good social ability and may aid the USCIS in assessing the petition in your favor.

An Advanced Degree Professional is whenever the individual applicant has an advanced degree or has its foreign equivalent. An advanced degree is usually a master’s degree up to the point of a doctorate degree. Traditionally, this would include those professions that require a higher level of postsecondary education such as a doctor, a lawyer, an engineer or the like.

In some exceptional cases, however, the USCIS allows for the applicant to only have a bachelor’s degree as long as he has at least “five years or progressive experience in a professional occupation”.

An advanced degree professional must not get mistaken with an alien of exceptional ability.

It depends. To be considered as an alien of exceptional ability, you must be able to comply with the requirements set by the USCIS.

By definition, an Alien of Exceptional Ability is an individual who must be able to show and demonstrate that he comes with an exceptional ability. The exceptional ability can be in the field of arts, business, or the sciences. To prove that you are an alien of exceptional ability, you must satisfy at least three of the following conditions:

• That you hold an academic record that shows the area of your exceptional ability. This may come in the form of a certificate, a degree, a diploma, and any similar award that shows you as an exceptional individual.
• That you have evidence in the form of letters from your employers, past and present, showing at least ten years of full time professional experience, among others.
• That you have a license to practice the profession that you have and that you have been doing so in the past.
• That you show evidence that your salary or remuneration for your services is comparable to those who have the exceptional ability in the same field.
• That you are a member of a professional association.

That you show evidence that you have been commended for your contribution to the field by your peers, governmental entities, or professional or business organizations.

The USCIS is known for following the stringent requirements set by law in order. Generally, there are three main factors that are considered by the USCIS whenever they access applications for the national interest waiver. The following are the three factors:

• that the applicant’s proposed endeavor has both substantial merit and national importance;
• that the applicant is well-positioned to advance the proposed endeavor; and
• that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

Substantial Merit And National Importance

The USCIS will assess if what you offer comes with substantial merit and weigh it over the need of the United States government or some other factor of national importance. Does the United States have a great need for an individual of your exceptional ability? What benefits will the United States gain from allowing your potential employer to hire you and waive the labor certification requirements in the interest of national need?

The USCIS will assess if the applicant’s presence in the United States will provide substantial benefit to the United States. In a way, the government is asking: Is the United States better off with this individual in place?

Position For Advancement

Being an individual of exceptional ability is definitely something to be proud of, but that is not the only thing that matters for one to be granted a national interest waiver. The applicant must also show that he is in a position for advancement, for a certain degree. If the United States company will hire the applicant, is he in a position to advance the field that he is currently in? Is he in a position to make a significant, no matter how big or small, change in the field of his expertise or in the field of his exceptional ability?

Beneficial To The United States Government

The USCIS will also assess if the applicant’s hiring will lead to more benefits for the United States. Is a waiver for the sake of national interest a better choice than going through the immigration red tape? This factor is also assessed by the USCIS.

The main difference between the two is the eligibility requirements set by the law. In order to be considered as an Advanced Degree Professional, the individual must hold at least an academic or professional U.S. degree above the baccalaureate level or a foreign degree equivalent above the U.S. baccalaureate level. This can be evidenced by documents, certifications, and the like. On the other hand, in order for the individual to be considered as an Alien of Exceptional Ability, he must prove that he holds a degree of expertise significantly above that ordinarily encountered in his profession.

Some applicants for the waiver will receive a “Request for Additional Evidence”. Basically, this means that the officer is not yet convinced that the individual applying for a national interest waiver is eligible under its minimum requirements. The applicant needs to make a better case for himself and make sure that he provides more tangible evidence that will support his claim.

Letter of recommendation may be written by a handful of individuals. There is no limit as to the number of letters since assessment is based on the officer in charge of the case. Generally, you may ask for a letter of recommendation from the following individuals:

• Academic Dean of the college or university that the applicant obtained his degree from;
• Past employer;
• Current employer;
• Peers on the same field;
• Known experts from the field that the applicant have worked with; and

Individuals who are known authorities from the field of expertise of the applicant.

The applicant must show, through documentary evidence, that he is eligible for the national interest waiver. As stated above, he needs to show the following documents:

• The applicant must attach proof that he is an individual with advanced eligibility or has an exceptional ability. The applicant must attach the following documents as evidence that he is any of his claims:
• His degree certificate(s) and evaluation report(s) – these documents must fully demonstrate that his educational background is at least equivalent to a master’s degree in the United States;
• All publications, presentations, abstracts, and invitations to conferences must also be submitted in order to fully assess the applicant’s ability and eligibility;
• Citations of published works or publications, if available, will also give the USCIS a background of what the applicant is an expert on;
• Comments on your papers by referees of journals, if any; and
• Requests for reprints of your publications, if any, is also a good source of your eligibility as it shows that the applicant is known in the field.

Other documents that the applicant may present to help his petition are the following:

• His complete curriculum vitae, with all of his published works, and citations. Currently, links to the individual’s accomplishments available only may serve as evidence as well.
• Evidence of awards or honors received, if any;
• Evidence of membership in professional associations, if any;
• Documents on the funding of your research projects, or grant numbers, if any;
• Documents of your participation, either individually or on a panel, as the judge of the work of others in your field, if any; and
• Newspaper articles about some of your reference writers that would establish the applicant as somewhat an authority in the field of his expertise.
• There must also be some letters of recommendation coming from the field in order to showcase his experience and authority coming from not only his works but also from his peers in his field of expertise. These recommendation letters will also show a good social ability and may aid the USCIS in assessing the petition in your favor.