EB-21: National Interest Waiver

NIW

The second category for which an individual may self-petition is known as the national interest waiver. To qualify for this particular category an individual must have a master's degree or higher. In some cases it may be possible to petition for an individual where he or she merely has a bachelor's degree, provided he or she also has five years or more of progressive experience in their respected specialty.

While the EB-2 category generally requires the lengthy labor certification process, an exemption from the labor certification requirement may be obtained, if it may be established that the individual's work is in the national interest.

In order to determine whether or not your work is in the nation’s interest, seven factors are considered by the Immigration Service:

1. Improving the US economy;

2. Improving wages and working conditions for US workers;

3. Improving education and programs for US children and under qualified workers;

4. Improving health care;

5. Providing more affordable housing;

6. Improving the US environment, and making more productive use of natural resources;

7. An interested government agency request.

*Please note that these seven factors are not all-inclusive; other factors can and should be presented to the Immigration Service where warranted.

It should be noted that the Immigration Service, especially in the areas that are highly subjective in terms of adjudication, has wide discretion. Thus, the Immigration Service may approve the case outright, send it back for more information, or deny the case. For more information about qualifying for the National Interest Waiver, please contact our law office.