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Employment-Based Immigration

National Interest Waiver (EB-2)

Permanent Residency through NIW
The National Interest Waiver (NIW) is a waiver of the job offer requirement for individuals who wish to immigrate to the United States in the second category who are members of the professions holding advance degrees and individuals exceptional ability in the arts, sciences or business. The advantages of NIW application are:

(1) the foreign professional may file the petition by himself without his employer’s sponsorship;

(2) no job offer and labor certification requirement; and

(3) change in employer will not affect the pending or approved NIW petition. NIW is actually a very popular route to permanent residency for scientific researchers, especially in medical area.

Basic Requirements
In the 1998 Administrative Appeals Office decision New York State Department of Transportation (NYSDOT), the USCIS has given guidance regarding the following three-prong test for a national interest waiver:

  • The foreign professional applicant is seeking employment in an area of substantial intrinsic merit;
  • The benefit of the work will be national in scope, i.e., will not benefit only a local community; and
  • The national interest will be adversely affected if a labor certification is required for the position.

In most NIW cases, it may not be difficult for the foreign professional applicant to prove the first two requirements. However, the third requirement is hard to meet. Since a national interest waiver is not warranted solely to ameliorate a local labor shortage, the applicant must prove that the benefit his unique skills would provide substantially outweighs the inherent national interest in protecting U.S. workers through the labor certification process.

Application Procedures
No labor certification application is required. The immigrant petition can be filed by the applicant himself or by his/her employer. The change of employer by the applicant will not affect his pending or approved NIW petition as long as his new employment is in the same or similar field of endeavor when he filed his NIW petition.

Our firm has for the past decade successfully represented hundreds of NIW cases. In order to assure the success of your case, we strictly follow the following three-step application procedures:

Case Evaluation
We usually provide you with a brief evaluation over the phone to determine if your qualifications generally fit this category. If we believe your qualifications satisfy the basic requirements of NIW, we will e-mail you an Evaluation Packet for you to complete. Your case will be presented at our firm’s Evaluation Meeting for assessment. Our attorney will then call you to go through the details of the evaluation and assess the probability of approval of your case.

Preparing Application
(1)You shall provide our firm with information and copies of documentation
according to our Information List.

(2) We will help you draft recommendation letters supporting the contention that you are qualified for NIW;

(3) We prepare petition forms and most importantly the petition letter that contains detailed legal analysis of your case to convince USCIS that you are qualified for permanent residency through NIW; and

(4) We send the entire case to you or your employer for your review and signature.

Filing Application
(1)We will file your petition with USCIS office having jurisdiction over your case.

(2) Upon approval of your NIW petition, we will help you to obtain permanent residence through either adjustment of status inside the U.S. or consular processing overseas.

(3) We will assist you in making decisions whether to file your immigrant petition concurrently with your adjustment of status application.







Wang & Associates, P.C. Attorneys at Law
3296 Summit Ridge Pkwy, Suite. 2020, Duluth, GA 30096
770-495-5906 (phone) 770-495-5911 (fax) secretary@wa-law.net
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