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National Interest Waiver Visa

One of the most popular United States visas is the National Interest Waiver Visa. It’s popular because there is flexibility in determining who qualifies and it isn’t tied to a specific occupation.

Labor certification waiver
Even though it’s an employment-based visa, applicants don’t need a job offer or a labor certification to apply. So, the name of the visa means it’s in the best interest of the U.S. to not require the labor certification requirement.

Requirements for the National Interest Waiver Visa

In order to be granted a NIW, you must pass a three-part test called the Dhanasar framework:

  • Part one: What you will do while in the U.S. is important and will benefit the nation.
  • Part two: You have the necessary experience and skills to be successful.
  • Part three: Overall, the U.S. would potentially benefit so much from your immigration that it is worth not requiring a labor certification.

More detailed information on each can be found below.

Part one: Benefit to the nation

You must be able to prove that your immigration to the U.S. would be beneficial to the nation. What is considered beneficial to the nation can vary from situation to situation, so it’s important to work with a lawyer who can help you tell your story in the most persuasive way possible.

Part two: Ability to be successful.

In addition to proving that what you plan to do is important and will benefit the nation, you have to show that you have the skills, education, and experience to be successful at what you plan to do. Sometimes this means a company is hired (that is not part of the U.S. government) to evaluate your credentials and/or business plan. For business applicants, innovation is especially important.

Part three: Waiving the labor certificate is necessary.

A USCIS professional will take a look at your situation to make sure it is necessary to remove the labor certification requirement. For example, the labor certification process can take a long time, so if the work you plan to do is time sensitive and the U.S. will miss out on some of the benefits while you try to find a work sponsor, a NIW might be granted.

On the other hand, if an employer is available right away to sponsor you, the USCIS professional may decide it isn’t necessary to skip the labor certification process and a NIW might not be granted.

Especially in step three the USCIS professional’s decision is discretionary. That means the outcome could vary depending on how persuasively your case is presented.

The process is complex and the rules can depend on the opinion of the USCIS professional reviewing the case. That’s why hiring a lawyer with knowledge of how to meet each part of the Dhanasar framework is so important. We understand how to present your case to the USCIS so you have the best chances of being successful.

Contact us
We can help you complete the paperwork persuasively to increase your chances of being approved. Call us today at 813-298-7222, or email us by clicking here, or schedule an appointment by clicking here.