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National Interest Waivers

In certain instances, it may be appropriate for individuals to seek a National Interest Waiver (NIW). In short, a NIW seeks exemption from the PERM Labor Certification process and allows an individual to bypass this process and obtain permanent residency without going through the cumbersome PERM process. Further, a NIW enables an applicant to obtain permanent residence through self-sponsorship. NIWs are difficult to obtain, and many factors are taken into consideration. It is important to discuss your case with an experienced employment immigration attorney to determine your chances of success.

Who is Eligible For a National Interest Waiver?

To apply for an NIW, you must have an advanced degree. You must also demonstrate that your area of employment substantially benefits the United States and that your work is "national in scope," among other factors.

Factors Considered in Granting National Interest Waivers

Many factors are taken into consideration in determining whether a NIW should be granted. Factors considered include, but are not limited to: improving the U.S. economy, improving wages for US workers, improving education and program for US children, improving health care, creation of affordable housing, improving the U.S. environment, and considering the request of a US governmental entity.


An experienced Irvine immigration employment attorney can help determine if you may be eligible for a NIW, and prepare the evidence needed to persuade the Department of Labor in agreeing that you qualify for a NIW. Contact our office today for a immigration consultation.