EB-2 National Interest Waiver (NIW)

In addition to the current additional complexities and challenges associated with successfully navigating PERM processes and labor market tests, companies are increasingly using NIWs due to the Biden administration’s efforts to enhance the United States’ STEM (Science, Technology, Engineering and Mathematics) capabilities, particularly within Critical and Emerging Technologies. Recent guidance from USCIS encourages more favorable adjudication of NIW petitions, especially for foreign nationals contributing to these fields.

Foreign nationals whose work benefits the United States in areas such as science, technology, healthcare, education, business or culture may be eligible for an NIW. Foreign nationals must be able to demonstrate that their proposed endeavor has substantial merit and national importance, that they are well positioned to advance the endeavor and that it is beneficial to waive the job offer and labor certification requirements.

An NIW petition requires evidence that demonstrates the substantial merit and national importance of the foreign national’s work, the foreign national’s qualifications and achievements and how the foreign national is well positioned to advance their proposed endeavor. Evidence will vary depending on the specifics of the foreign national’s work and their particular qualifications, but generally includes proof of earning an advanced degree or demonstrating exceptional ability, detailed letters of recommendation, documentation of significant achievements (such as awards, patents or publications), proof of the impact of the foreign national’s work on their field or industry and evidence of government or institutional support for the foreign national’s work.

Answer: NIW I-140 adjudication typically takes around 10 months with normal processing. However, with premium processing, adjudication occurs within 45 days of the premium processing unit receiving the case.

NIW petitions bypass the PERM recruitment and labor certification processes, saving substantial time and resources. Additionally, NIW petitions offer greater flexibility, as they are less sensitive to changes in employment conditions, such as work location, without requiring a restart of the process.