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Immigration Law
Case Introduction
Case No. IE-050
EB-2 National Interest Waive (NIW)
Brief Introduction

The national interest waiver (NIW) is for the second preference employment-based category which allows an alien to bypass the labor certification process and self-petition for permanent residence based on professional achievements he established in his/her field of endeavor. This waiver is available if the alien’s work is in the national interest and he/she has a good record of achievements in the field. The NIW is typically utilized by postdoctoral researchers, but also be used by professors, industry researchers, artists, and business people.
 The standards for National Interest Waiver are laid out in detail in New York State Department of Transportation ("NYSDT").

The NIW petition provides more options in job opportunities. Compared to the labor certification process, the alien can change jobs much sooner and can change to a much broader range of job opportunities. In some cases, the alien can be self-employed.

Things to Know

1. The minimal requirement is a master’s degree or exceptional ability in the field.
2. The main requirement is a three-prong test laid out in NYSDT. In order to qualify for National Interest Waiver, the alien must meet all three parts of the test:
 1) The alien's employment must be in an area of substantial intrinsic merit.
 2) The proposed benefit must be national in scope.
 3) The significant benefit derived from this particular alien’s participation in the “national interest” field of endeavor considerably outweighs the inherent national interest in protecting U.S. workers through the labor certification process.

Filing Fee

The filing fee for Form I-140 is $580

Ask for Attorney Service
Service Details

1. Provide NIW questionnaire for alien applicant,
2. Provide supporting document checklist,
3. Review your personal qualifications,
4. Confirm that the NIW petition is appropriate,
5. Advice on how to prepare the documents to prove exemption from job offer would be in national interest,
6. Advice on how to prepare recommendation letters,
7. Prepare application forms,
8. Prepare attorney cover letter and supporting letter,
9. Submit your application with USCIS and keep your file,
10. Keep correspondence with USCIS,
11. Keep clients informed of the case status.

Service Fee

This service fee is the basic reference price, which may be adjusted case by case.

Payment Methods
  • Wire Transfer
  • Check
  • Credit Card
Free Consultation

Free Consultation will provide the clients with answers to general questions, for example, what is the priority date of EB-3 Free Consultation should NEITHER be regarded as legal advice nor analysis on certain cases NOR confirmation of attorney-client relationship. If you need legal advice or analysis on your case, please choose the Attorney Consultation service.

Attorney Consultation

$300 per hour(charging by hours includes time consumed by reviewing relevant documents, starting charge from an hour).