Allie K. Dempsey of Klasko Immigration Law Partners. National Interest Waivers: The Current State of Play
NIWs allow advanced-degree professionals and individuals with demonstrated exceptional ability in the sciences, arts, or business to bypass the labor certification process and secure U.S. permanent residence even in the absence of a job offer.
October 06, 2022 at 12:39 PM
6 minute read
Immigration Law
In employment-based immigration, most paths to a green card require a labor market test through the labor certification (or PERM) process. National interest waivers (NIWs) provide an important exception to this rule. NIWs allow advanced-degree professionals and individuals with demonstrated exceptional ability in the sciences, arts, or business to bypass the labor certification process and secure U.S. permanent residence even in the absence of a job offer. Individuals can benefit from NIW classification through sponsorship by an employer or self-sponsorship, as long as they can demonstrate that their endeavors and contributions are "in the national interest" of the United States.
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