A niw green card affords qualifying individuals an employment-based green card, bypassing the normal labor certification requirement (the PERM process) required under other categories of EB-2 immigrant visas. NIW petitions are adjudicated by USCIS officers who determine whether an individual’s work benefits the national interest, and thus merits a waiver of the job offer and labor certification requirements.
The NIW path empowers applicants to advocate for themselves, unencumbered by the constraints of employer sponsorship. Savvy professionals who prize autonomy and a clear narrative of their professional contributions can leverage this pathway to align their immigration goals with long-term career plans, free from company agendas.
NIW Green Card: What You Need to Know About the National Interest Waiver
In addition, the EB1 Immigration Lawyer can be significantly less expensive and more expedited than other employment-based green cards, enabling individuals to remain in the United States while their applications are being processed. This is especially important for foreign nationals in STEM fields where a slew of factors can delay processing.
While the recent AAO decision in the Matter of Dhanasar did not alter the qualifications needed to obtain an niw green card, it did clarify that a foreign national’s advanced degree is a “special factor” to consider when assessing eligibility for this waiver. Immigration attorneys should take this new guidance into account as they assemble petitions for qualifying talent. This will help to ensure that NIWs are adjudicated as quickly and fairly as possible.