A National Interest Waiver (NIW) grants an individual exemption from the labor certification process to obtain a visa. It also waives the job offer requirement for most individuals when obtaining their EB-2 visa. This is appealing to many in that it can save an extended period of time in getting your visa due to the labor certification process commonly being very lengthy. The NIW allows the individual to self-petition for their visa rather than having an employer as their sponsor, which can also save time for the applicant.

What are the Requirements for an NIW?

The applicant must provide sufficient evidence that their presence in and contributions to the US are of substantial merit. This can be proven through their skills and abilities pertaining to business, technology, science, health, education, or culture.

The applicant must also be able to provide sufficient evidence that their educational background and work experience offers them the means to succeed in their endeavors in the US. The applicant won’t necessarily be required to prove that they will succeed but that they have the history of success and the means to be successful should they have the opportunity to do so.

They will also be required to prove that it is in the best interest of the US to waive the job offer and job certification requirements to obtain their visa.

What Other Evidence Will Strengthen My Application for an NIW?

To be approved for an NIW, you need to provide sufficient evidence of your exceptional abilities. This can be done in several ways, but one that can be helpful is through letters of recommendation from former employers or respected colleagues, high-level employees in your company, and others in your field. Letters of recommendation can also come from other members of an association you are a member of that requires exceptional abilities to be a part of.

Not a standard amount of letters are required, but having a significant amount of quality recommendation letters can add to the evidence supporting your exceptional abilities and help your odds of approval.

How Long Does the NIW Process Take?

The processing time can vary significantly due to the specifics surrounding your case. In general, you can expect three to nine months of processing time. An experienced immigration attorney can provide valuable insight based on their experience and the details you provide. They can work with you to ensure you have sufficient evidence to support your application and that you are effectively pursuing the process.

I have worked with several clients in obtaining their visas and NIW approval. Contact me today at 407-499-5680 to learn more about how we can work together to create a plan that will provide the results you are hoping for and accomplish your American Dream.