• 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

Media mentions

Human Resources Director: Migrant Worker Exploitation: Why It Persists and How HR Can Act

Senior Counsel Dr. Anna Boucher discusses factors that can affect migrant workers and how HR teams can support ongoing immigration and employment compliance.

Learn more

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

Learn more

Blog post

A More Purposeful UK Immigration System: What Expanded Access to the Global Talent Visa Means for UK Immigration Policy

In our latest blog, UK Government Affairs Strategy Lead @Shuyeb Muquit examines the expanded access to the Global Talent visa and what it signals about the direction of UK immigration policy

Learn more

Video

Polish Citizenship by Descent: Do You Qualify?

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek discuss how Polish citizenship by descent works, who may qualify, the documentation typically required and common eligibility challenges.

Learn more

Media mentions

Times of India: Trump Admin Restores USCIS Power to Deny Immigration Requests Outright Without Seeking More Proof

Senior Counsel Mitch Wexler discusses USCIS’ restored authority to deny certain immigration benefit requests without first issuing a Request for Evidence and the importance of complete initial filings.

Learn more

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Media mentions

Human Resources Director: Migrant Worker Exploitation: Why It Persists and How HR Can Act

Senior Counsel Dr. Anna Boucher discusses factors that can affect migrant workers and how HR teams can support ongoing immigration and employment compliance.

Learn more

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

Learn more

Blog post

A More Purposeful UK Immigration System: What Expanded Access to the Global Talent Visa Means for UK Immigration Policy

In our latest blog, UK Government Affairs Strategy Lead @Shuyeb Muquit examines the expanded access to the Global Talent visa and what it signals about the direction of UK immigration policy

Learn more

Video

Polish Citizenship by Descent: Do You Qualify?

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek discuss how Polish citizenship by descent works, who may qualify, the documentation typically required and common eligibility challenges.

Learn more

Media mentions

Times of India: Trump Admin Restores USCIS Power to Deny Immigration Requests Outright Without Seeking More Proof

Senior Counsel Mitch Wexler discusses USCIS’ restored authority to deny certain immigration benefit requests without first issuing a Request for Evidence and the importance of complete initial filings.

Learn more

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

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 InsightsVietnamese ImmigrationView 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
  • Vietnamese Immigration
  • 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
August 14, 2026 | United StatesUnited States: USCIS Extends Certain Ukraine and Sudan TPS EADs for Renewal Applicants Through October 19, 2026
August 14, 2026 | ColombiaColombia: In-Person Immigration Services Suspended at Seven Locations Following Earthquake
August 14, 2026 | AustraliaHuman Resources Director: Migrant Worker Exploitation: Why It Persists and How HR Can Act
August 14, 2026 | RussiaRussia: New Talent Visa Introduced
August 14, 2026 | United StatesUnited States: USCIS Announces Termination of TPS for Somalia, Effective August 14, 2026
August 14, 2026 | United StatesUnited States: USCIS Extends Certain Ukraine and Sudan TPS EADs for Renewal Applicants Through October 19, 2026
August 14, 2026 | ColombiaColombia: In-Person Immigration Services Suspended at Seven Locations Following Earthquake
August 14, 2026 | AustraliaHuman Resources Director: Migrant Worker Exploitation: Why It Persists and How HR Can Act
August 14, 2026 | RussiaRussia: New Talent Visa Introduced
August 14, 2026 | United StatesUnited States: USCIS Announces Termination of TPS for Somalia, Effective August 14, 2026
August 14, 2026 | United StatesUnited States: USCIS Extends Certain Ukraine and Sudan TPS EADs for Renewal Applicants Through October 19, 2026
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.