Individuals with an advanced degree (master’s level or higher) or who have “exceptional ability” in the arts, sciences and business normally have to obtain a PERM labor certification involving a long, difficult recruiting process in order to apply for a green card. However, that process may be waived if on can show their work is in the national interest. That means establishing the following:

1. That the proposed endeavor has both substantial merit and national importance;

2. That the applicant is well positioned to advance the proposed endeavor; and

3. That, on balance, it would be beneficial to the US to waive the job offer and labor certification requirements.

This is called a “national interest waiver” (NIW) and has become more popular in the last couple of years due to Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), a court decision that made the NIW requirements much more reasonable. Aside from waiving the PERM requirements, the category also allows applicants to self-petition. It may also be a good option for individuals in the earlier part of their careers who have strong credentials (not necessarily possessing extraordinary ability now as required for an EB-1A green card) and are working towards an endeavor in the national interest. We regularly file NIWs for entrepreneurs, researchers in medical and other fields, etc.

Contact Us

For more information on how Siskind Susser can help you with Family Immigration and Naturalization, call us at 800-343-4890 (U.S.) or 901-682-6455 (International).

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