EB2-National Interest Waiver
National Interest Waiver
Eligibility for EB2-NIW
A national interest waiver petition is a green card petition filed by foreign nationals for themselves. Unlike most other work-based green cards, an employer is not required to sponsor the foreign national. You must prove that:
- Your work has substantial merit and is of national importance
- You are well-placed to advance your work
- It would be beneficial to the United States to have you file for yourself
In addition, you meet all the requirements of the EB-2 category. You must have either a master’s degrees or have exceptional professional abilities. Read the EB-2 criteria here
To read about detailed procedures and timeline, please visit the USCIS' page on the National Interest Waivers.
The Filing Process
Benefits of the National Interest Waiver
National interest waivers are a very popular option for business people to self-file for their green cards. There are several benefits to filing for NIW petitions:
- Self-sponsor: Foreign nationals can sponsor themselves. An employer is not needed to sponsor the green card.
- No PERM needed: Usually, employment-based EB-2 green cards require 3 steps to be completed. When requesting a National Interest Waiver, however, you do not need to file for PERM (Step I). This makes the process much faster since the PERM can take well over a year to process.
- Fast processing: In FY 2022, the USCIS also started permitting premium processing for NIW petitions. This means that if you choose to use the premium processing service, your petition will be reviewed in a few months instead of taking many months.
Proving an NIW Case
NIW is a great alternative if you want to sponsor yourself, but your professional qualifications do not rise to the level of an EB-1 green card. The only downside is that national interest waiver request can only be made with an EB-2 petition. For nationals of countries like Mexico, India, China, and Philippines, it may still take years to obtain a green card.
Also, keep in mind that all the requirements for an EB-2 petition still have to be proven. Read here to learn more about EB-2 criteria.
The Immigration Desk Solution
We have helped many clients fulfill their dream of US residency by helping them file National Interest Waiver petitions. When you come to us looking for options to help you live in the US permanently, we routinely discuss your professional qualifications for an EB-1 green card as well as for an EB-2 NIW petitions. If your employer cannot sponsor you or if you are self-employed, we may be able to help you file for a green card through the NIW. Part of our service includes discussing your job, how it impacts your local community and how it might impact the US as a whole.
We have helped many clients, such as, an entrepreneurial human resource client, IT and finance professionals, scientists and college lecturers file for NIW petitions. Our clients now live happy, successful lives following their dreams in the US.
Above, we have described some of the common considerations while filing for a NIW green card. As attorneys, we believe in helping our clients succeed. It is our privilege to help our clients re-located to the US.
Please contact us to discuss how we can make the national interest waiver process easy for you.
Awards
Testimonials
NIW approved in 4.5 Months (no RFE)!
When I reached out to Anu earlier this year (2022), I had run out of almost all options to continue my employment in the US since both my work visas (H1 and L1) were getting maxed out and my employer did not sponsor my green card.
...Attorney Gupta quickly assessed my profile and recommended self-filing in the EB2-NIW category (national interest waiver). Though it was not a straight-forward case, Attorneys Ian and Anu took the utmost care in building the case and made sure my case was supported well with all evidences in a short span of time that I had left on my visa.
Anu is very informative and quick in responding to any clarifications, questions or concerns. My case (no citations or publications) got approved within 4.5 months (no RFE).
I would recommend Anu Gupta and team to anyone with immigration challenges!
Complicated NIW Green Card Case Approved
Attorney Anu Gupta is extremely competent to take on National Interest Waiver cases.
My wife and I very much appreciate that Ms. Gupta took care of all the parts of my green card application. Without her organizational skills my application would have taken at least twice as much time and effort.
...Despite the complexity of the process and her busyness, she always found the time to personally address all the specific details of my case. I also appreciate how much she invested herself into our case and how she helped me to stay on schedule and kept me informed about every step of this complicated and convoluted process. My green card petition has been approved recently.
Highly recommend Immigration Desk for their conservative approach and knowledge base
Attorney Anu provided her expertise in handling immigration intricacies a few years ago. She was meticulous in covering various aspects of the filing, always responding in timely fashion. ...And most importantly, she gave the complete picture about all the possibilities. I highly recommend Anu Gupta and the team at Immigration Desk for their conservative approach and knowledge base.
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I look forward to working with Attorney Anu again in the future
Anu is one of the best immigration lawyers I have worked with in the past 6 years of being in USA. She is extremely approachable, listens patiently and answers any number of questions you might have.
Good lawyers are expensive and so is she but then she is worth every dime spent just for the way she gets things done.
I look forward to working with her again in the future.
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