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Fast Track Green Cards
Nation Interest Waiver
A national interest waiver (NIW) is a determination by the Bureau of Citizenship and Immigration Services (BCIS) that an individual alien should not be required to go through the long and somewhat expensive labor certification process because that alien's work will advance some specific national interest of the United States. The NIW is applicable to the Alien of Exceptional Ability and Advanced Degree Professional categories. Persons in these categories who have a proven track record of accomplishments which benefit the national economic, security, cultural, public health or other interests of the United States can apply for a national interest waiver. The purpose of the NIW is to allow those who would substantially benefit the U.S. to live and work here in a manner quicker than under the labor certification process. Without the labor certification requirement, an alien without a job offer can get permanent residence through the NIW process.
There is no definition of the expression in the law which created the waiver or in the regulations which were adopted to implement the law. "The national interest" is determined on a case by case basis. Careful legal craftsmanship is key to proving an alien's work is in the national interest. The burden of proof is on the alien in these cases.
We have recently obtained national interest waivers for leading cancer researchers, nuclear scientists, botanists, engineers, and musicians. If you would like additional information on national interest waivers and whether your case may qualify, please contact our office and visit "How can I find out if I have a good case?"
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