A National Interest Waiver (NIW) is an immigrant employment-based petition for aliens who can demonstrate that their services in the sciences, arts, professions, or business are in the "national interest," to obtain permanent resident status without a job offer or labor certification. This type of petition is generally for individuals with advanced degrees or those with exceptional ability in the sciences, arts, or business whose serves in the sciences, arts, profession, or business are desired by a US employer.
An individual who wishes to obtain an NIW is required to show that the national interest would be adversely affected if a labor certification were required while the NIW must demonstrate that it would be contrary to the national interest to possibly deprive the prospective employer of the services of the alien opening up the job offer, that is sought by the individual, to other US workers. It must be demonstrated by the alien that a great national benefit exists that which outweighs the national interest inherent in the labor certification process - a process which generally preferences US workers over aliens, when both have the same objective minimum qualifications.
Whether an NIW applicant will improve the US health care system, or the US economy, or even the education for US children, are all examples of potential factors, along with many others, to be considered by the INS when deciding whether a waiver of a job offer and labor certification was in the national interest.
Contact the attorneys at Harrison Alo, Attorneys at Law if you have questions regarding the National Interest Waiver visa process.
