National Interest Waiver Q&A: All You Need to Know

The National Interest Waiver (NIW) visa is one of the most sought-after options for immigrants who want to live and work in the United States legally. However, with the issuance of the “Matter of Dhanasar” in late 2016, the requirements used by USCIS officers to approve applications have changed, which stimulated more applications and increased the competition for approval. In this exclusive National Interest Waiver Visa Q&A, you will find out all you need to know about the NIW visa and how to increase your chances of approval.

What Is the Difference Between a Regular EB-2 Visa and a National Interest Waiver Visa?

While both the regular EB-2 visa and the NIW visa belong to the EB-2 category, the application and approval processes are different.

• Labor Certification Requirement: Standard EB-2 applicants must go through a PERM labor certification process, while NIW applicants can self-petition, saving time and resources.
• Sponsorship: The regular EB-2 visa requires an employer to sponsor the application, while no sponsor is needed for the NIW application.
  

What Are the Basic Requirements to Apply for a National Interest Waiver Visa?

To be eligible for an NIW visa, the applicant has two different options.

1. Advanced Degree: Applicants can demonstrate an advanced degree or an equivalent degree, such as a master’s, doctorate, or a bachelor’s degree with at least 5 years of experience in the field.
2. Exceptional Ability: Applicants can demonstrate exceptional ability in a specific field of expertise, such as arts, sciences, entrepreneurship, technology, and more.

After meeting these requirements, applicants must satisfy the criteria outlined in the “Matter of Dhanasar.”

What Is the Matter of Dhanasar?

The Matter of Dhanasar is a decision issued by the Administrative Appeals Office (AAO) of the US Citizenship and Immigration Services (USCIS) in late 2016. It outlines the conditions for granting an NIW visa, including demonstrating substantial merit, national importance of the endeavor, being well-positioned to carry it out, and demonstrating the benefits to the United States.

Is It Possible for My Family (Spouse and Children) To Apply with Me?

The spouse and children (under 21) of NIW applicants may apply for green cards as dependents under the same petition.

Will Working with an Immigration Attorney Increase the Chances of Approval of an NIW Petition?

While not legally required, seeking guidance from an expert immigration attorney can significantly boost the chances of NIW petition approval. An attorney can ensure your case is meticulously prepared, as NIW applications involve no interviews and require thorough documentation and evidence presentation.

How Much Time is Necessary to Prepare an NIW Petition?

The timeline for preparing an NIW petition varies from case to case, ranging from a few weeks to several months. It depends on the applicant’s ability to compile required documentation and evidence.

Choosing the Right Immigration Attorney – Work with Experienced Professionals Only

With the growing popularity of NIW applications, it’s vital to choose an experienced attorney who can maximize your chances of success.

We Can Help You to Obtain Your National Interest Waiver (NIW) Visa

At Jurado & Associates, P.A., our team of seasoned immigration attorneys can guide you through the NIW visa application process. Contact us today at (305) 921-0976 or email us at [email protected] to schedule a consultation.