Essential Points to Know About the National Interest Waiver  

An employment-based immigration system contains a provision known as a National Interest Waiver (NIW), which allows certain foreign professionals to obtain permanent residency without a job offer or labor certification.  

Who Is Eligible for the National Interest Waiver?  

To be eligible for a national interest waiver, you must first fulfill the EB-2 category standards, which may be met by having an advanced degree or remarkable skill. In addition, you must meet a demanding set of standards specific to your area of expertise.  

Can I Apply for a National Interest Waiver outside the USA?  

That is right; you may do so. The capacity to receive letters of support from peers in the United States is the most crucial factor.  

What Is the Acceptance Rate for the National Interest Waiver?  

It is worth noting that the approval percentage rose to an amazing 86% in 2021, with 9,650 cases given authorization. The second year saw a significant increase, with the acceptance rate reaching 90%, resulting in an incredible total of 19,090 cases granted in 2022.   

Is It Difficult to Get an NIW?  

Given the high expectations, you may be thinking about your chances of success. One of the conditions is that you show that the work you undertake is in the best interests of the United States of America. However, obtaining an EB-2 non-immigrant worker visa could be simpler than you might imagine, with over 80% of applicants receiving approval annually. 

How Many Publications Do I Need for NIW?  

The United States Citizenship and Immigration Services (USCIS) evaluates on a case-by-case basis whether there is a minimal requirement for publication or citation.   

Can I Travel While My NIW Is Pending?  

After filing an NIW/EB-2 I-140 application, you may travel outside of the United States. If you, as an F-1 student, depart without first obtaining Advance Parole, we may consider your application as abandoned. While processing your I-140, Advance Parole permits you to re-enter the United States. 

What Is the Request for Evidence for the National Interest Waiver?  

The United States Citizenship and Immigration Service (USCIS) issues the Request for Evidence (RFE) when it needs more information or documents to assess an applicant’s eligibility for the EB-2 National Interest Waiver visa. 

Is There an Interview for NIW?  

The purpose of the interview is not to re-evaluate the benefits of the approved NIW petition, which applies to applicants for both the immigrant visa and the I-485. The officer may, however, ask questions related to the petition to fact-check and ensure that there was no fraud or error in the ruling.  

Can a PhD Candidate Apply for NIW?  

A student pursuing a PhD degree may be eligible for a green card under the EB-2 NIW (national interest waiver) category if they fulfill both the EB-2 and NIW standards.  

Can You Apply for NIW on OPT?  

With any visa status, you may apply for a green card. There is no restriction from the United States Citizenship and Immigration Services (USCIS) limiting which visa statuses are eligible to file an EB-2 non-immigrant worker petition.  

What Happens After NIW Approval?  

The last step is to get your green card after your NIW application has been granted and you or your attorney have received an acceptance notice from the United States Citizenship and Immigration Services (USCIS). If you have not yet applied for an immigrant visa number and one is now available, you must apply an adjustment of status within this time frame.  

 How Long Does It Take to Process EB-2 NIW? 

In the United States, employers normally carry out this step; however, certain individuals eligible for the EB2 national interest waiver category may self-petition. The standard procedure typically takes between six and nine months to process your I-140 Immigration petition

How Many Times Can I Apply for EB-2 NIW? 

Following your previous application’s denial, the legislation does not limit the time you have to file your EB2 NIW petition. The previous denial of your petition, regardless of the category, does not prevent you from submitting another one in the future. 

How Long Does EB-2 NIW Take with Premium Processing? 

The United States Citizenship and Immigration Services (USCIS) pledges to handle the petition within fifteen calendar days provided an additional $2,500 is paid. For individuals who are in a rush to earn their Green Card, this may be a significant advantage.  

Is EB2 NIW Faster Than EB2? 

The National Interest Waiver (NIW) scheme, which is part of the EB-2 program, allows candidates to have their applications reviewed faster. This is because the NIW scheme does not require applicants to have a job offer. Furthermore, it is in the best interests of the United States to grant the application since it serves the national interest.