What is a National Interest Waiver (NIW)?
The employment based Second Preference Category (EB-2) includes members of the professions who hold advanced degrees and individuals of exceptional ability in the arts, sciences or business. Although this category requires a job offer and labor certification, USCIS may waive this requirement if the work of the alien is in the “national interest”. Statements by experts concerning the importance of their work to the overall well-being of the nation are considered, along with past accomplishments and the need for their particular type of skill in the U.S. This standard has not been well defined by USCIS. Successful cases will prove that the alien’s presence will improve: the US economy; US working conditions; the educational system of the US; health care; housing; the environment; or an interested US government agency has requested the waiver. In August of 1998, the USCIS attempted to further define this standard through the New York Dept. of Transportation case (NYDOT). NYDOT states: (1)
