People who aspire to live a quality life overseas often look upon the USA as their dream destination. Great job opportunities, affordable lifestyle, the best education, and medical facilities are a few cited factors that make America one of the best living places. If you have advanced skills and planning to come here, a National interest waiver can be your key to go. As per USCIS, there are no particular rules or standards to explain what needs to qualify for NIW. The USCIS treats each petition on an individual basis. To offer you a detailed understanding of the procedure below we are answering a few of the major queries related to National interest waiver:

What is National Interest Waiver?

NIW (National Interest Waiver) is one of the options to get a green card (permanent residence status) in the USA for international people with exceptional skills in any of the professional fields that would be in the Nation’s interest. Under NIW standard the foreign national does not require the labour certification to apply. The individual simply needs to make sure that their work is beneficial to the United State.

Who are eligible for National Interest Waiver?

The standard NIW Green Card Visa implemented for the EB -2 (employment-based immigration category. The individual must have either an exceptional ability or advanced degree in any profession like a PhD. Scholars, research fellows, or more. To fit in the advanced degree category the person needs to have a Master’s, PhD, or Post-doctorate degree. A person with Bachelor’s degree must have 5 years of experience in the professional field.

To fit in the exceptional ability criteria the individual must satisfy at least any of the three mentioned requirements:

  • The official academic record of having a certificate, degree, diploma, or an award from the school, college, university or any other learning institute related to your field determines the person’s exceptional ability in the field.
  • Document proof of at least 10 years of full-time experience in your specialized field.
  • A license to practice in your field or a certificate for your field of work.
  • Proof of having commanded a salary or reward for services that determine the individual’s exceptional ability.
  • Membership in professional associations, especially the ones that need achievement to possess the position as a member.
  • Reorganization award or certificate by your people, Government, or organization to address your significant contribution in your field of work.

On meeting the EB-2 criteria of either advanced degree or Exceptional ability or both you will further need to satisfy all the requirements of ‘Matter of DHANASAR’. The three-prong tests of Matter of DHANASAR are:

  1. The individual must prove that the work you purpose to endeavour in the country must have both substantial merit and national importance.
  2. The applicant of National Interest Waiver must be well-positioned to advance the proposed job
  3. On balance, granting you a waiver of labour and employment certificate needs will be in Nation’s favour.