How to get U.S. Green Card with National Interest Waiver?

Why Apply for a US Green Card?

• Apply for citizenship after five years
• Travel in and out of the country freely
• Sponsor your family
• Avail of US federal benefits
• Live and work anywhere in the US  

 

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National Interest Waiver (NIW)

National Interest Waiver is a green card category allotted to candidates who are already contributing to the country's national interest or possess projects or plans towards the national interest. A National Interest Waiver is one of the many ways to obtain a US PR.

 

NIW Requirements

The requirements for the National Interest Waiver are given below:

• The foreign applicant must possess extraordinary business, arts and sciences abilities or have an advanced degree.
• The foreign applicant must intend to be employed in the US national importance field.
• The foreign applicant must submit proof that their work is or will contribute to the country's national interest. The work should potentially impact the US education, economy, healthcare, environment and culture.

 

NIW Examples

Given below are some of the examples of the NIW who have or possess the skill and talent to contribute to the national interest of the US:

• A college professor: Has taught or is currently teaching Design Thinking to students in the US
• An engineer with a Master’s Degree: Offering a unique business idea that grabs the interest or attention of US-based companies.
• A biotechnology engineer: Working on devices or projects that helped detect the hydration levels in the human body.
• A scientist with a PhD: Working on a contract with any Ivy university on research based on immunity disorders.
• A dance teacher

 

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List of Eligible Occupations for the National Interest

The list of occupations that qualify as a NIW are as follows:

• Entrepreneurship
• Science
• Business
• Sports
• Research
• International relations
• Culture
• Journalism
• Technology
• Dance
• Music
• Athletics
• Coaching
• Health
• Education

 

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List of Eligible Fields for the National Interest

The table given below has the list of fields that qualify for the NIW.

 

List of Eligible Fields
Advanced Computing	Critical and Emerging Technologies
Advanced Engineering Materials	Directed Energy
Advanced Gas Turbine Engine Technologies	Financial Technologies
Advanced Manufacturing	Human-Machine Interfaces
Advanced and Networked Sensing and Signature Management	Hypersonics
Advanced Nuclear Energy Technologies	Networked Sensors and Sensing
Artificial Intelligence	Quantum Information Technologies
Autonomous Systems and Robotics	Renewable Energy Generation and Storage
Biotechnologies	Semiconductors and Microelectronics
Communication and Networking Technologies	Space Technologies and Systems

 

 

Merits and Demerits of an NIW Petition 

Given below is the list of advantages and disadvantages of filing for an NIW Petition:

 

The merits of submitting a NIW petition:

• There is no requirement for an employment offer.
• There is no requirement for an employer.
• Your contribution to the country is taken into consideration rather than your qualifications.
• Can freely switch between jobs and employers
• You can apply for Form I-140 via Premium Processing by paying an extra fee to the USCIS, reducing the cycle to a few weeks.
• The approved NIW comes with indefinite validity and no expiration.
• There is no limit on how many times you can file for an NIW under different Green card categories.

Some of the benefits for individuals who are already in the US or are currently employed in the States are as follows:

• You can create the H-1B extensions with any US-based employers post six years.
• Allows the spouse of the H-1B holder to acquire job authorization (H-4 EAD) and apply for the continuity of its extensions.
• You can set your priority date that any employer can shift in an employment category.

 

The demerits of submitting a NIW petition:

• The petition's approval is not guaranteed, as it depends on a complete analysis.
• Obtaining certain short-term visas like non-immigrant visas can be difficult if applicants intend to move permanently to the States rather than temporarily.
• A National Interest Waiver, with extended processing time, falls under the EB-2 category. However, the completion period is up to 12 months if the applicant or spouse is not born in India.

 

 

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