Important Updates
Important Updates
May 8, 2025 | NigeriaNigeria: New Visa Categories and Visa Exemption Implemented
May 8, 2025 | CanadaCanada: International Experience Canada Extension Process Simplified
May 8, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
May 8, 2025 | 🌐Minimum Salary Changes Announced
May 8, 2025 | NigeriaNigeria: New Digital Process Announced for Quota, Business Permit, and CERPAC Applications
May 8, 2025 | NigeriaNigeria: New Visa Categories and Visa Exemption Implemented
May 8, 2025 | CanadaCanada: International Experience Canada Extension Process Simplified
May 8, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
May 8, 2025 | 🌐Minimum Salary Changes Announced
May 8, 2025 | NigeriaNigeria: New Digital Process Announced for Quota, Business Permit, and CERPAC Applications
May 8, 2025 | NigeriaNigeria: New Visa Categories and Visa Exemption Implemented
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian

Select Language

  • English
  • French
  • French - Canadian
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian

Select Language

  • English
  • French
  • French - Canadian
ContactCareersMedia
  • Insights

How the National Interest Waiver Can Be a Pathway to the Green Card for Highly Qualified Individuals

December 21, 2023

National Interest Waiver

Country / Territory

  • United StatesUnited States

Related contacts

Laura Flynn

Associate

New York, NY, United States

Email

[email protected]

T:+1 646 861 6984

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Laura Flynn

Associate

New York, NY, United States

Email

[email protected]

T:+1 646 861 6984

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Laura Flynn

Associate

New York, NY, United States

Email

[email protected]

T:+1 646 861 6984

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Laura Flynn

While employers frequently pursue the PERM labor certification process to sponsor an employee for permanent resident status, there are other viable pathways to the green card. 

One option that may provide an alternate path to a green card is the national interest waiver (NIW), which enables qualified individuals the option to bypass the labor certification process.

The Biden administration has announced an active commitment to activate a national vision and drive transformative change across the American STEMM (science, technology, engineering, mathematics, and medicine) ecosystem by markedly expanding access and opportunities and bolstering America’s global competitiveness through the national interest waiver program. As a result of this government initiative, many positions may qualify as roles in the national interest.

The employment-based green card process can be time-consuming given that typically the first step involves a labor certification process that can take over one year to complete. Conversely, the NIW process provides the opportunity to fast-track the green card process if the applicant has an advanced degree, a bachelor’s degree and five years of post-bachelor's, progressively responsible experience, or exceptional ability in a field, and if the applicant will engage in work that is in the national interest of the United States, such as in the STEMM fields.

To qualify for the NIW, an individual, through self-petition, or a petitioning employer may submit an NIW case that demonstrates 1) the individual’s proposed endeavor has both substantial merit and national importance; 2) the individual is well-positioned to advance the proposed endeavor; and 3) on balance, the proposed endeavor’s impact on the United States would outweigh the need for a labor certification.

Substantial Merit and National Importance

Substantial merit means the individual works in a field that is valuable to the interests of the United States and would deliver a broad national impact. The petitioner must be able to provide evidence focusing on their specific and noteworthy endeavor. An endeavor’s merit and national importance may be established without immediate or quantifiable economic impact, though a stronger petition will seek to employ U.S. workers, improve public health or boost economic growth.

For example, individuals with an expertise in engineering, data science, and computer science fields can lead the development of new technologies as well as the application of novel standards in communications technology, which would be considered of substantial merit and national importance. Businesses and the public increasingly rely on wireless communication devices, systems and networks, which generates a greater need for innovations that enhance user experience and increase technological efficiencies. The increasing demand for innovative products to meet the current demands of businesses and society and to further U.S. competitiveness, can be considered strong factors in the national interest waiver framework.

Well-Positioned to Advance the Proposed Endeavor

The U.S. Citizenship & Immigration Services (USCIS) considers numerous factors when determining whether an applicant is well-positioned to advance the proposed endeavor, including the individual’s education, experience, skill set and accomplishments in the relevant industry. The agency will also review any model or plan in place for the applicant’s endeavor, including any mechanisms for financial support of the endeavor.

An individual can provide numerous forms of evidence applicable to their respective industry, including a copy of their degree, transcripts, industry awards, patents, work product and testimonial letters detailing their previous experience and overall industry success.

However, it’s important to note that there are no set guidelines for the amount or type of evidence needed, as the agency views each application within the totality of the submission.

Additionally, individuals should be aware that USCIS does not require evidence that the endeavor will ultimately succeed, but rather focuses its analysis on whether the applicant has put forth a viable plan for execution.

For example, if an individual holds a master of science degree in computer engineering, and has authored numerous publications on communication technology, ranging from academic articles to journal papers, each of which received dozens of citations in related academic and professional works, this may be demonstrative of their position to advance the endeavor. Additionally, the agency would also consider whether an individual holds any patents in relevant technologies, as this would also evidence an individual’s ability to execute their plan for the endeavor.

Balancing Test to Waive the Requirements of a Job Offer and thus of a Labor Certification

USCIS compares whether the benefits of the proposed endeavor to the United States outweigh the protection of the country’s labor market by conducting a balancing test. This balancing test considers the benefits provided by the proposed endeavor to the national interest and whether these benefits outweigh the need for the labor certification process.

For example, consumers increasingly seek out the most advanced technology to be at the cutting edge of their respective industries. To meet this growing U.S. economic need, individuals who hold advanced knowledge of communication technology are crucial to advancing research and development efforts, which is in the national interest of the U.S. As such, given the urgent need for this technical expertise, a labor certification process for this individual would delay further advancement in this crucial industry.

Given the Biden administration's focus on STEMM talent, the NIW has become a popular and often successful option for professionals across numerous industries.  

Need to Know More?

For further information or if you have questions about the NIW, please reach out to Partner Rachel Beardsley at [email protected] or Associates Laura Flynn and Benjamin McDermott at [email protected] and [email protected], respectively. 

This blog was published on December 21, 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.

Country / Territory

  • United StatesUnited States

Related contacts

Laura Flynn

Associate

New York, NY, United States

Email

[email protected]

T:+1 646 861 6984

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Laura Flynn

Associate

New York, NY, United States

Email

[email protected]

T:+1 646 861 6984

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Laura Flynn

Associate

New York, NY, United States

Email

[email protected]

T:+1 646 861 6984

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Golden Visa Direct Approval Filing via AXS Portal - Tecom Freezone | #MobilityMinute

In this Mobility Minute, Manager Devika Thamattat outlines how, effective immediately, all Golden Visa applications filed by the direct approval route for employees working at companies licensed by the Dubai Development Authority can only be filed via the AXS Portal.

Learn more

Blog post

Understanding Compliance with PIC 4020: Meeting the Character Criteria for Australian Visas

Senior Associate Pamela Taukuro explains the requirements and steps necessary to meet the character criteria for obtaining Australian visas under PIC 4020.

Learn more

Video

France Digital Nomad Visa: Visitor Visa | How To Apply

Immigration Consultant Azela Hadia discusses France’s Visitor Visa – a key option for digital nomads looking to work remotely from one of the world’s most iconic destinations.

Learn more

Blog post

France’s Visitor Visa: A Faster Option for Family Members of Local Hire (Salarié) Employees

Immigration Consultant Laura Varon Osorio discusses France's visitor visa as a faster option for family members of local hire (Salarié) employees.

Learn more

Media mentions

Deutsche-Startups: Workation – How Startups Overcome The Legal Hurdles

Senior Manager Katharina Vorländer outlines the legal and compliance challenges startups must navigate to offer workations while minimising risk.

Learn more

Media mentions

Times of India: Australia: Reduction in Net Migration to Continue; Minimum Salary to Rise for Skilled Visa and International Students May See Visa Fee Hike

Australia and New Zealand Managing Partner Teresa Liu highlights upcoming changes in Australia’s immigration policy under the re-elected Labour party.

Learn more

Video

Passports & Pitch Side: Footballers on the Move ⚽🌍 | #FragomenFC - Ep. 7 (Part 1)

#FragomenFC co-hosts are joined by Senior Associate Tuğba Özyakup and her cousin, Oğuzhan ("Ozzy") Özyakup, a professional footballer who has competed at the highest levels of the sport.

Learn more

Blog post

Understanding the GCC Pension Framework: A Guide to Monthly Contributions, Employer Responsibilities and Compliance

Social Security Manager Gufran Al Bash provides a comprehensive guide to the GCC pension framework, detailing monthly contributions, employer responsibilities and compliance requirements.

Learn more

Media mentions

Business Standard: Liberals' Return in Canada a Win-Lose for Indian Workers, Students: Decoded

Partner David Crawford discusses how Canada’s new Liberal government could bring more predictable immigration policies focused on labour needs.

Learn more

Awards

Fragomen and Partner Rahul Soni Honored at Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony

Fragomen and Partner Rahul Soni were honored at the Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony in Houston, Texas, during the 2025 IIUSA EB-5 Industry Forum held from April 28-30, 2025.

Learn more

Blog post

Navigating Tariffs, Talent and Trade: The Automotive Industry Faces a Defining Moment

Partner Christian Dallman discusses how the automotive industry is navigating significant challenges related to tariffs, talent shortages and trade dynamics, marking a critical moment for its future.

Learn more

Awards

Partner Cosmina Morariu Receives Ecosystem Builder Award at Semiconductor Achievement Awards

Partner Cosmina Morariu of Fragomen in Canada received the Ecosystem Builder Award as part of the inaugural Semiconductor Achievement Awards, hosted by Canada’s Semiconductor Council.

Learn more

Video

Golden Visa Direct Approval Filing via AXS Portal - Tecom Freezone | #MobilityMinute

In this Mobility Minute, Manager Devika Thamattat outlines how, effective immediately, all Golden Visa applications filed by the direct approval route for employees working at companies licensed by the Dubai Development Authority can only be filed via the AXS Portal.

Learn more

Blog post

Understanding Compliance with PIC 4020: Meeting the Character Criteria for Australian Visas

Senior Associate Pamela Taukuro explains the requirements and steps necessary to meet the character criteria for obtaining Australian visas under PIC 4020.

Learn more

Video

France Digital Nomad Visa: Visitor Visa | How To Apply

Immigration Consultant Azela Hadia discusses France’s Visitor Visa – a key option for digital nomads looking to work remotely from one of the world’s most iconic destinations.

Learn more

Blog post

France’s Visitor Visa: A Faster Option for Family Members of Local Hire (Salarié) Employees

Immigration Consultant Laura Varon Osorio discusses France's visitor visa as a faster option for family members of local hire (Salarié) employees.

Learn more

Media mentions

Deutsche-Startups: Workation – How Startups Overcome The Legal Hurdles

Senior Manager Katharina Vorländer outlines the legal and compliance challenges startups must navigate to offer workations while minimising risk.

Learn more

Media mentions

Times of India: Australia: Reduction in Net Migration to Continue; Minimum Salary to Rise for Skilled Visa and International Students May See Visa Fee Hike

Australia and New Zealand Managing Partner Teresa Liu highlights upcoming changes in Australia’s immigration policy under the re-elected Labour party.

Learn more

Video

Passports & Pitch Side: Footballers on the Move ⚽🌍 | #FragomenFC - Ep. 7 (Part 1)

#FragomenFC co-hosts are joined by Senior Associate Tuğba Özyakup and her cousin, Oğuzhan ("Ozzy") Özyakup, a professional footballer who has competed at the highest levels of the sport.

Learn more

Blog post

Understanding the GCC Pension Framework: A Guide to Monthly Contributions, Employer Responsibilities and Compliance

Social Security Manager Gufran Al Bash provides a comprehensive guide to the GCC pension framework, detailing monthly contributions, employer responsibilities and compliance requirements.

Learn more

Media mentions

Business Standard: Liberals' Return in Canada a Win-Lose for Indian Workers, Students: Decoded

Partner David Crawford discusses how Canada’s new Liberal government could bring more predictable immigration policies focused on labour needs.

Learn more

Awards

Fragomen and Partner Rahul Soni Honored at Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony

Fragomen and Partner Rahul Soni were honored at the Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony in Houston, Texas, during the 2025 IIUSA EB-5 Industry Forum held from April 28-30, 2025.

Learn more

Blog post

Navigating Tariffs, Talent and Trade: The Automotive Industry Faces a Defining Moment

Partner Christian Dallman discusses how the automotive industry is navigating significant challenges related to tariffs, talent shortages and trade dynamics, marking a critical moment for its future.

Learn more

Awards

Partner Cosmina Morariu Receives Ecosystem Builder Award at Semiconductor Achievement Awards

Partner Cosmina Morariu of Fragomen in Canada received the Ecosystem Builder Award as part of the inaugural Semiconductor Achievement Awards, hosted by Canada’s Semiconductor Council.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.