What is National Interest Waiver

The Immigration Act of 1990 created several new employment-based immigration categories. Section 203(b)(2)(A) includes members of the professions holding advanced degrees and aliens of exceptional ability in the arts, sciences or business. Popularly referred to as EB2, this category normally requires a permanent job offer and an approved Labor Certification.

The Immigration Act of 1990 also created a means of avoiding these requirements, by including a provision for a "national interest" waiver of the requirement of a job offer and a Labor Certification.

The Act states that "the Attorney General may, when he deems it to be in the national interest, waive the requirement...that an alien's services in the sciences, arts or business be sought by an employer in the United States." The National Interest Waiver applies to both sub-categories of EB2, members of the professions holding advanced degrees and aliens of exceptional ability.

Since most scientists, researchers, international students, and university teachers have at least a Master's degree, the waiver provision can be extremely beneficial to the academic community. United States Citizenship and Immigration Services (USCIS) also recognizes that a Bachelor's degree plus five years of progressive work experience in the area of specialty is equivalent to an advanced degree.

For more information, please see http://www.greencardapply.com/niw/what-is-niw.htm">What is National Interest Waiver