National Interest Waiver Visa for the United States

National Interest Waiver Visa Template for United States

A National Interest Waiver petition is a specialized immigration document filed with USCIS under U.S. federal law, specifically Section 203(b)(2)(B) of the Immigration and Nationality Act. This document allows individuals of exceptional ability or with advanced degrees to request that the labor certification requirement be waived because their work is in the national interest of the United States. The petition must demonstrate compliance with the three-prong Dhanasar test, providing comprehensive evidence of the proposed endeavor's merit, the applicant's qualification, and benefits to the United States.

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What is a National Interest Waiver Visa?

The National Interest Waiver Visa petition is a crucial document for exceptional individuals seeking employment-based immigration to the United States without employer sponsorship. This document emerged from the need to facilitate immigration for highly skilled individuals whose work significantly benefits the United States. Used primarily by researchers, scientists, and other advanced professionals, the petition must demonstrate how the applicant meets the criteria established in Matter of Dhanasar (2016). The document requires extensive documentation of qualifications, achievements, and potential contributions to the U.S. national interest, operating under federal immigration law jurisdiction.

What sections should be included in a National Interest Waiver Visa?

1. Petitioner Information: Personal and professional background of the applicant, including current immigration status

2. Field of Expertise: Detailed description of the applicant's area of work/research and its importance

3. National Importance Statement: Comprehensive analysis of how the work benefits the United States nationally

4. Merit of Proposed Endeavor: Detailed demonstration of substantial merit in the proposed work and its potential impact

5. Qualification Evidence: Documentation and analysis of advanced degree or exceptional ability qualifications

6. Position to Advance Endeavor: Evidence and analysis of capability to advance the proposed work successfully

What sections are optional to include in a National Interest Waiver Visa?

1. Past Achievements: Notable accomplishments and previous work that strengthens the petition case

2. Expert Letters Analysis: Summary and analysis of supporting letters from independent experts in the field

3. Economic Impact Analysis: Detailed analysis of potential economic benefits to the United States

What schedules should be included in a National Interest Waiver Visa?

1. Schedule A - Curriculum Vitae: Detailed professional history and academic background

2. Schedule B - Publications and Citations: Comprehensive list of research papers, articles, publications and citation metrics

3. Schedule C - Supporting Documents: Copies of degrees, certificates, awards, and other credentials

4. Schedule D - Expert Testimonials: Original letters from recognized experts supporting the petition

5. Schedule E - Evidence of Impact: Documentation demonstrating the impact of past work and potential future contributions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Waiver

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Immigration and Nationality Act (INA) Section 203(b)(2)(B): Primary federal legislation governing National Interest Waivers, specifically the section that allows for waiving the labor certification requirement when in the national interest

8 U.S.C. �� 1153(b)(2)(B): United States Code section that codifies the National Interest Waiver provisions in federal law

8 CFR �� 204.5(k): Code of Federal Regulations section that provides specific regulatory requirements for employment-based immigration, including NIW petitions

USCIS Policy Manual, Volume 6, Part F, Chapter 5: Official USCIS guidance document that details policies and procedures for adjudicating National Interest Waiver petitions

Matter of Dhanasar (2016): Precedential case that established the current three-prong test for qualifying for a National Interest Waiver: substantial merit and national importance, positioning to advance the endeavor, and beneficial to US to waive requirements

PERM Labor Certification Requirements: Department of Labor requirements that are typically required for EB-2 petitions but can be waived through NIW; understanding these is crucial for explaining why a waiver is justified

EB-2 Visa Category Requirements: Basic eligibility requirements for the underlying EB-2 category, including advanced degree or exceptional ability qualifications

Form I-140 Requirements: USCIS petition form requirements and supporting documentation guidelines specific to National Interest Waiver cases

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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