The National Interest Waiver

No asset requirement/No employer support required

Introduction To NIW

The National Interest Waiver (NIW) is a special case of the second preference for occupational immigrants (eb2) under U.S. immigration law. Based on the consideration of national interest, the U.S. government exempts foreign nationals who have made important contributions to the national interests of the United States from the commitment requirements for permanent work and the lengthy labor card application, so that they can directly apply to the immigration Bureau to obtain a green card through the channel of national interest exemption.

Advantages of NIW

  1. Applicable to a wide range of people
  2. No language or age restrictions
  3. No funding requirements
  4. One person applies for family immigration
  5. Children’s education upgrading
  6. No red tape
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Faster Processing

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Client Satisfaction

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Cost Effective

Application Requirements

People with advanced degrees or special skills need only have one or the other

1. Advanced degree holders (1 of 2) :
  1. Master’s or doctoral degree holders; An American degree or equivalent foreign degree is acceptable.
  2. “Bachelor’s degree + at least five years of professional work experience = Master’s degree”.
2.  Special talents in science, art and business must meet at least three of the following conditions (special skills)
  1. Hold a professional degree, diploma or training certificate. 
  2. At least 10 years of professional work experience. 
  3. Hold professional certificates.
  4. Enjoy high salary or high salary. 
  5. Membership of professional associations.
  6. Obtaining the approval or commendation of peers, government agencies, professional organizations or business organizations.
However, only meeting the standards of highly educated talents or talents with special abilities is not enough to support the integrity of the application for NIW immigration in the United States, the applicant also needs to prove the following three additional aspects! 
  1. The field of expertise has substantial value and brings significant benefits The applicant’s field of expertise must be of substantial value and bring significant national benefit to the United States. Applicants are required not only to provide basic information about their occupation, but also to specify the specific type of work they intend to do in the occupation. Significant benefits can be found in areas as diverse as business, entrepreneurship, science, technology, culture, health or education. If the applicant is engaged in a field that significantly enhances social welfare, enriches culture or the arts, or advances valuable technology and research, then it will be in the national interest of the United States.
  2. The field has made contributions and achievements, and is in a favorable position to promote development. In addition to the value of the field of expertise, applicants are required to demonstrate that they have outstanding contributions and achievements in the field. The Immigration Department will evaluate the applicant’s ability in a number of aspects, including educational background, skills, knowledge, work success record, future activity development plans, research results, as well as potential customers, users, investors, etc. 
  3. Exemption from work commitments and Labour certificate requirements is beneficial to the national interest. Applicants must demonstrate that an exemption from work commitment and labor certificate requirements is beneficial to the national interest of the United States.

Exhibit List

Cover Letter

Petition Letter

Pay the application fee

g-1145 (e-notification)

form i-94 (movement record)

personally identifiable material

form i-907 (request expedited)

g-28 (authorization of attorney)

form i-140ETA Form 9089 (job and background information

People with technical expertise

Talents with practicing qualification certificate

Those who do not want to log into the United States for the time being

Analysis of NIW policy update in 2025

On January 15, 2025, USCIS updated its policy guidance for NIW (National Interest Waiver)

Meet the Basic requirements of the EB-2 category

The new policy emphasizes that when applying for NIW, you must meet the basic requirements of the EB-2 category, which is to be a professional with an advanced degree. Applicants are required to have high professional skills and knowledge in their field.

Specific skills and job relevance

The new policy clearly explains the applicant's specific skills and jobs. Applicants need to demonstrate that their skills and work are closely related to the interests of the United States and contribute to the economic, cultural or social development of the United States.

Planning and consideration of U.S. interests

The new policy emphasizes the importance of documents such as letters of support and business plans submitted by applicants. These materials will be used to consider whether the applicant's plan to travel to the United States is in the interests of the United States and whether it is feasible.

Continuation of the Authoritative Policy Manual

USCIS has emphasized the authority of the previously issued policy Manual and will immediately begin processing applications filed on or after January 25, 2025, according to the latest standards. This requires applicants to apply strictly in accordance with the new policy guidelines.

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