• 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, United States

Email

[email protected]

T:+1 646 861 6984

Related offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Laura Flynn

Associate

New York, United States

Email

[email protected]

T:+1 646 861 6984

Related offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Laura Flynn

Associate

New York, United States

Email

[email protected]

T:+1 646 861 6984

Related offices

  • New York

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, United States

Email

[email protected]

T:+1 646 861 6984

Related offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Laura Flynn

Associate

New York, United States

Email

[email protected]

T:+1 646 861 6984

Related offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Laura Flynn

Associate

New York, United States

Email

[email protected]

T:+1 646 861 6984

Related offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • 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
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

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

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 13, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
October 14, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for Another 30 Days; U.S. Citizen Travel Restrictions Remain in Effect
October 14, 2026 | KuwaitKuwait: New Wage Payment and Protection System Launched
October 14, 2026 | 🌐Minimum Salary Changes Announced
October 14, 2026 | United StatesUnited States: DHS to Propose Amending Premium Processing Timeframes
October 13, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
October 14, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for Another 30 Days; U.S. Citizen Travel Restrictions Remain in Effect
October 14, 2026 | KuwaitKuwait: New Wage Payment and Protection System Launched
October 14, 2026 | 🌐Minimum Salary Changes Announced
October 14, 2026 | United StatesUnited States: DHS to Propose Amending Premium Processing Timeframes
October 13, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.