1. What is the National Interest Waiver (NIW) program?

The National Interest Waiver (NIW) program is a program offered by the U.S. Citizenship and Immigration Services (USCIS) that allows foreign nationals to apply for a waiver of the labor certification process and self-petition for a green card directly. The NIW is an option for foreign nationals who possess advanced degrees or exceptional ability in the sciences, arts, or business, and whose presence in the United States would benefit the nation’s economy, cultural or educational interests, or welfare.

2. How do I qualify for a National Interest Waiver?

The National Interest Waiver (NIW) allows foreign nationals who have extraordinary ability in their field, and whose work is of significant benefit to the U.S., to obtain a green card without first obtaining an employer’s sponsorship or a labor certification. To qualify for a National Interest Waiver, the foreign national must demonstrate that his or her presence in the U.S. is of “national interest”, and that the national interest would be impaired if he or she were required to obtain an employer’s sponsorship or labor certification. Qualifying criteria include demonstrating that the foreign national’s work is in an area of substantial intrinsic merit; has national importance; and can be demonstrated to yield a “substantial” and “quantifiable” benefit to the nation as a whole.

3. What is an EB-2 visa and how does it relate to the National Interest Waiver?

An EB-2 visa is a type of U.S. visa that allows foreign nationals with “exceptional abilities” to work and live in the United States. The visa also allows employers to sponsor foreign nationals for a green card, or lawful permanent residence.

The National Interest Waiver (NIW) is a form of the EB-2 visa that allows foreign nationals to bypass the usual labor certification requirement if it is determined that their work would benefit the United States and its citizens. The NIW can be granted if certain criteria are met, including a demonstration of how the foreign national’s work would be in the national interest of the United States.

4. Does a National Interest Waiver require a job offer from a U.S. employer?

No, a National Interest Waiver does not require a job offer from a U.S. employer. A National Interest Waiver allows certain foreign nationals to self-petition and bypass the labor certification process, meaning they can apply directly for permanent residency without having to first obtain an employer sponsor.

5. What are the eligibility criteria for a National Interest Waiver petition for physicians?

The eligibility criteria for a National Interest Waiver petition for physicians include:

1. The physician must be a full-time employee of a public or nonprofit entity in the United States devoted to research, teaching, or direct patient care, and have at least three years of specialized experience in his/her medical field.

2. The physician must agree to practice medicine in a medically underserved area of the United States.

3. The physician must prove that his/her presence in the United States is in the national interest by showing evidence of how it will benefit the U.S. health care system, including factors such as curing diseases, improving public health, increasing health care access, and improving medical education and training.

6. Does an approved NIW petition guarantee a green card?

No, an approved NIW petition does not guarantee a green card. After approval, the applicant must still obtain an immigrant visa through a U.S. consulate or embassy abroad or adjust status in the United States, which requires filing additional forms and evidence.

7. How long does the National Interest Waiver process take?

The National Interest Waiver process can take anywhere from several months to several years, depending on the individual’s circumstances. The processing time for the National Interest Waiver is determined on a case-by-case basis.

8. Are there any advantages to applying for a NIW as opposed to an EB-2 visa?

Yes, there are multiple advantages to applying for a NIW as opposed to an EB-2 visa. First, the NIW process is usually shorter and requires less paperwork than the EB-2 visa application. Additionally, the NIW does not require a job offer or labor certification. This means that applicants can self-petition and do not need to go through an employer to apply. Finally, the NIW is easier to qualify for since it does not require a minimum of five years of professional experience or advanced degree.

9. Do I need to have a job offer to apply for a NIW as a physician?

No, you do not need to have a job offer to apply for a NIW as a physician. However, you must demonstrate that you possess extraordinary ability in the medical field and that you intend to work in the United States in your field of expertise.

10. Is there an age limit for applying for a NIW as a physician?

No, there is no age limit for applying for a NIW as a physician. Physicians of any age are eligible to apply.

11. How does the USCIS evaluate National Interest Waiver petitions for physicians?

The USCIS considers a variety of factors when evaluating National Interest Waiver petitions for physicians, such as the beneficiary’s qualifications, the kind of practice, the geographical area where the beneficiary will practice, the particular skills or expertise of the beneficiary, and the potential of the beneficiary to provide a direct benefit to the public. The USCIS also considers any relevant evidence from local, state, and federal agencies that demonstrate a significant public benefit from the beneficiary’s work.

12. What documents are required to support an NIW petition for physicians?

The documents required to support an NIW petition for physicians include resumes or curriculum vitae, evidence of state licensing and certifications, publications in peer-reviewed journals, clinical evaluations, awards and honors, letters of recommendation from experts in the field, and any other evidence that demonstrates the physician’s exceptional abilities and contributions in their field.

13. What is the filing fee for an NIW petition for physicians?

For physicians, the filing fee for an NIW petition is currently $700.

14. How can I demonstrate that my work in the US will benefit the national interest?

There are a few ways to demonstrate that your work in the US will benefit the national interest. You can provide evidence of the economic, scientific, or cultural contribution you will make to the country, as well as any positive impacts you expect to have on the community. Additionally, you can explain how your work aligns with the US government’s mission and goals. Finally, you can explain how your presence in the US will increase job growth or stimulate economic activity.

15. Does the type of medical specialization matter in a NIW petition for physicians?

Yes, the type of medical specialization does matter in a NIW petition for physicians. USCIS will consider the specialty of the physician when determining whether the physician’s work is of national importance. For example, an advanced practice nurse specializing in chronic care management may be considered to have a more specialized and demanding skill set than a primary care nurse practitioner. Therefore, USCIS may give more weight to the advanced practice nurse’s NIW petition.

16. Are there any special provisions for international medical graduates who are applying for a NIW?

Yes. USCIS has made special provisions for international medical graduates who are applying for a NIW. Specifically, applicants are not required to show a job offer in the United States and may use evidence of their work experience and qualifications abroad to establish their qualification for the NIW. Additionally, international medical graduates may qualify for the NIW if they are working in an area with a demonstrated shortage of qualified medical professionals in the United States.

17. Can I apply for permanent residency under the National Interest Waiver if I am already in the US on another visa?

Yes, you can apply for a permanent residency under the National Interest Waiver if you are already in the US on another visa. However, you must meet the eligibility requirements and submit the necessary documentation in order to qualify.

18. Are there any restrictions on working outside of the US while my NIW petition is pending?

No, there are no restrictions on working outside of the US while your NIW petition is pending. However, if you are granted an NIW visa, you must be physically present in the US for at least three months prior to beginning work.

19. Are there any restrictions on traveling outside of the US while my NIW petition is pending?

No, there are no restrictions on traveling outside of the US while an NIW petition is pending. However, if your visa is expired, you will need to ensure it is renewed before you travel.

20. Is it possible to transfer my NIW petition from one employer to another while it is still pending?

Yes, it is possible to transfer a NIW petition from one employer to another while it is still pending. You will need to submit a new Form I-140, Petition for Alien Worker, with the new petitioner’s information and provide evidence that the new employer is replacing the old one and taking responsibility for the petition.