Those seeking a national interest waiver are requesting that the job offer, and thus the labor certification, be waived because it is in the interest of the United States. You may self-petition (you do not need an employer to sponsor you) and you do not need to obtain a labor certification from the DOL. USCIS reviews the totality of the evidence when adjudicating national interest waiver requests - there is no single factor or piece of evidence that will establish eligibility.
You must be a member of the professions holding an advanced degree (any U.S. academic or professional degree above a bachelor's, or a U.S. bachelor's degree followed by at least 5 years of progressive experience in the specialty)
OR you must be a person with exceptional ability in the sciences, arts, or business (a degree of expertise significantly above that ordinarily encountered)
Your proposed endeavor must have substantial merit and national importance (Prong 1)
You must be well positioned to advance the proposed endeavor (Prong 2)
On balance, it must be beneficial to the United States to waive the job offer and labor certification requirements (Prong 3)
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Regulatory Criteria
Prong 1: Substantial Merit & National Importance
Provide a detailed description explaining your proposed endeavor and supporting documentary evidence to establish that the endeavor is of national importance. The term 'endeavor' is more specific than the general occupation - offer details about what types of work you propose to undertake specifically. Benefits to a specific employer alone are not sufficient; you must demonstrate broader implications for a field, region, or the public at large.
Examples
A person developing a drug for a pharmaceutical company may establish national importance by demonstrating the prospective public health benefits, not solely projecting profits
A person developing technology may demonstrate widespread interest in adoption or licensing, a novel manufacturing process, or impact on similar technology by other companies
Endeavors furthering critical and emerging technologies or STEM areas important to U.S. competitiveness or national security
Note: Classroom teaching without broader implications, or simply working in an occupation with a national shortage, generally does not establish national importance
Prong 2: Well Positioned to Advance
Provide evidence of your education, skills, knowledge, and record of success in related or similar efforts. Provide any evidence of a detailed proposal or plan you developed for future activities related to the endeavor. Explain how you plan to pursue your endeavor and any progress made. Letters from experts with first-hand knowledge of your achievements are persuasive when supported by independent evidence.
Examples
Advanced STEM degree (especially Ph.D.) in a field tied to the proposed endeavor and related to work furthering critical technology is an especially positive factor
Record of success that translates to a proposed plan or forecast for continued success
Evidence of interest from potential customers, users, investors, or other relevant entities
For entrepreneurs: clear details on achievements, anticipated market size/share, job creation, and revenue growth
Prong 3: Beneficial to Waive Requirements
Explain whether it would be impractical to obtain a labor certification based on your qualifications or proposed endeavor. Explain benefits to the United States from your contributions, even if other U.S. workers were available. Explain any urgency that may warrant forgoing the labor certification process. Note: evidence of a national labor shortage alone does not satisfy this prong.
Examples
Labor certification could prevent hiring a person with unique knowledge or skills
It may be impractical for an entrepreneur or self-employed inventor to secure a job offer
Endeavor has potential for considerable economic impact, such as economic revitalization or job creation
STEM professionals with Ph.D. engaged in work furthering critical technology important to U.S. competitiveness receive especially favorable consideration
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Application Process
Eligibility Assessment
Evaluate qualifications as advanced degree professional or person of exceptional ability.
Endeavor Development
Define your specific proposed endeavor - more detailed than just your occupation - with national importance.
Evidence Compilation
Gather comprehensive evidence for all three prongs of the NIW test.
Expert Letters
Obtain persuasive letters from experts with first-hand knowledge of your achievements, supported by independent evidence.
Petition Drafting
Prepare Form I-140 with detailed cover letter addressing all three prongs in order.
Filing
File Form I-140 with USCIS. Premium processing (45 days) is available.
Adjudication
USCIS reviews totality of evidence for all three prongs.
Approval & Green Card
Once approved, proceed with Adjustment of Status or Consular Processing.
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Key Benefits
No employer sponsorship required (Self-Petition)
No PERM Labor Certification required
Premium Processing available (45 days)
Can be filed concurrently with adjustment of status (if priority date current)
Flexibility to change employers or be self-employed
Spouse and unmarried children under 21 eligible for E-21 and E-22 immigrant status
Evidence of Past Achievements and Record of Success
Business Plan with Metrics (for entrepreneurs)
Letters from Government Agencies (optional but helpful)
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Frequently Asked Questions
What makes an endeavor 'nationally important'?
Your endeavor must have broader implications beyond benefiting a single employer - such as impacting a field, region, or the public at large. Benefits to a specific employer alone, even one with a national footprint, are not sufficiently relevant. You must demonstrate your individual endeavor has broader implications.
What is an 'advanced degree' for NIW purposes?
An advanced degree is any U.S. academic or professional degree above a bachelor's (such as Master's or Ph.D.) or a foreign equivalent. A U.S. bachelor's degree followed by at least 5 years of progressive experience in the specialty is considered equivalent to a master's degree. The experience must relate to the field in which you received your degree or the proposed endeavor.
Can I self-petition for NIW?
Yes! Those seeking a national interest waiver may self-petition - you do not need an employer to sponsor you and you do not need to obtain a labor certification from the DOL.
Is a STEM background advantageous for NIW?
Yes. USCIS considers an advanced STEM degree (especially Ph.D.) tied to work furthering critical and emerging technology or other STEM areas important to U.S. competitiveness or national security as an especially positive factor. This applies to all three prongs of the analysis.
Can entrepreneurs qualify for NIW?
Yes. For an entrepreneurial endeavor, a strong petition would discuss how your record of success translates to a proposed plan for continued success, steps taken toward those activities, and how they tie into your background and expertise. Include evidence of interest from potential customers, users, investors, and anticipated metrics such as market size, job creation, and revenue growth.
Do I need letters from government agencies?
While not required, letters from interested U.S. government agencies or quasi-governmental entities (such as federally-funded research and development centers) can be helpful evidence and, depending on contents, can be relevant to all three prongs. This is especially valuable for endeavors with potential to support U.S. national security or enhance economic competitiveness.
What if my occupation has a national shortage?
Proposing to work in an occupation with a national shortage alone is not sufficient to demonstrate national importance. Similarly, evidence of a national labor shortage in your occupation would not, by itself, satisfy the third prong. You must demonstrate the specific national importance of your individual endeavor.
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Fees
Attorney Fee (based on profile; includes LoR & RFE)
$1,440 (Adult); $950 for Each Child under 14 with parent
Optional EAD (I-765) each adult
$260
Optional Advance Parole (I-131) each adult
$630
IVP Fee for Each Applicant
$345
Fees are estimates and may change. Contact us for a quote for your specific case.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.