National Interest Waiver
Typically, order to get a Green Card (Permanent Residence), an applicant must be sponsored by a U.S. employer and go through a complex labor certification process, known colloquially as PERM.
However, the labor certification process may be “waived” if the applicant possesses EITHER
an advanced degree in a relevant field
OR Exceptional Ability in the Arts, Sciences or Business
and
can show that his or her work is in the national interest of the United States.
Applicants must show that their proposed endeavor is of national importance and has substantial merit; that they are well positioned to advance the proposed endeavor and that it would thus be beneficial to the United States to waive the standard labor certification process.
Further, for the National Interest Waiver classification, a foreign national may “self-petition” so no employer is needed. This makes the National Interest Waiver a very attractive prospect to self-employed people, in particular entrepreneurs and designers.
Applicants with advanced degrees in the STEM fields as well as entrepreneurs, investors, founders of start-ups, those in technology, cybersecurity, health, science, culture and education are all good candidates for the National Interest Waiver.
Applicants with a PhD in a STEM field merit especially favorable consideration. Those who will be working in critical and emerging technologies also merit favorable consideration. These include AI (Artificial Intelligence), Space Technologies, Biotechnologies, Autonomous Systems & Robotics, Hypersonics, Renewal Energy Generation & Storage, Advanced Nuclear Energy Technologies, Advanced Engineering Materials, Network Sensors & Sensing, Advanced Gas Turbine Engine Technologies, Financial Technologies, Human Machine Interfaces, Directed Energies, Semiconductors & Microelectronics, amongst others.
Those who do apply under the exceptional ability in the sciences, arts or business classification must also meet at least three of the following six criteria:
- Possess a degree, diploma, certificate or similar award from a college, university, school or other institution relating to area of exceptional ability;
- Letter(s) from current or former employer(s) showing at least 10 years of full-time experience in the occupation;
- Possess a license or certification to practice the profession or occupation;
- A high salary or remuneration for services compared to others working in the field, thus demonstrating exceptional ability;
- Membership in professional associations;
- Evidence of recognition for achievements and significant contributions to the industry or field by peers, government entities, or professional or business organizations.
* Comparable evidence may be used if the above standards do not readily apply to the applicant’s occupation.
Our latest approval, as of January 2023, is a self-petition NIW as Health Communications Specialist for an individual with a Master of Public Health (MPH) from Columbia University and a PhD in Molecular Medicine. This case was approved in just over 8 weeks.
If you think you may qualify for the National Interest Waiver, please email your CV or résumé to info@janeorgelesq.com.
The charts below show Extraordinary Ability and National Interest Green Card approvals from January 2018 to September 2023.
2023
| Country | Profession | Date Filed | Date Approved | RFE? | PP? |
|---|---|---|---|---|---|
| Japan | Production Manager | 10/25/2021 | 1/10/2023 | Yes | No |
| Japan | Social Media Influencer | 5/19/2022 | 1/12/2023 | No | Yes |
| Japan | Entrepreneur | 7/21/2022 | 1/18/2023 | No | No |
| Hungary | Health Communication Specialist | 11/28/2022 | 2/2/2023 | No | No |
| Japan | Photographer | 12/22/2022 | 3/23/2023 | No | No |
| Ireland | Filmmaker | 4/27/2020 | 7/20/2023 | Yes | No |
| Korea | Set Designer | 5/9/2023 | 8/9/2023 | No | No |
| China | Industrial Designer | 9/22/2023 | 9/28/2023 | No | Yes |
| Hong Kong | Interior Designer | 3/11/2022 | 9/15/2023 | No | No |
2022
| Country | Profession | Date Filed | Date Approved | RFE? | PP? |
|---|---|---|---|---|---|
| Morocco | Project Designer | 9/15/2020 | 1/5/2022 | Yes | No |
| China | Industrial Designer | 4/28/2021 | 4/26/2022 | No | No |
| Canada | Architectural Researcher | 12/8/2021 | 5/18/2022 | Yes | Yes |
| Hong Kong | Interior Designer | 3/4/2022 | 6/6/2022 | No | No |
| Japan | Furniture & Interior Designer | 8/10/2021 | 8/25/2022 | No | No |
| Australia | Hair & Make up Artist | 4/5/2022 | 8/26/2022 | No | No |
| Japan | Garden Curator | 11/16/2020 | 9/15/2022 | No | No |
| Korea | Set Designer | 12/16/2021 | 9/30/2022 | No | No |
| Serbia | CEO | 7/30/2020 | 8/3/2022 | Yes | No |
| Serbia | CEO | 8/27/2020 | 8/3/2022 | No | No |
| Korea | Architectural Designer | 7/16/2021 | 10/3/2022 | No | No |
| Japan | Graphic Designer | 8/5/2021 | 12/8/2022 | No | No |
2020/2021
| Country | Profession | Date Filed | Date Approved | RFE? | PP? |
|---|---|---|---|---|---|
| Japan | Lighting Designer | 10/7/2019 | 3/25/2020 | No | No |
| Mexico | Performing Artist | 2/27/2020 | 10/22/2020 | No | No |
| Japan | Creative Director | 9/3/2019 | 10/19/2020 | No | No |
| Korea | Architect | 1/1/2020 | 11/13/2020 | no | no |
| Japan | Interior Designer | 4/7/2020 | 12/17/2020 | no | no |
| Korea | Architect | 3/1/2020 | 1/28/2021 | No | No |
| Japan | Music Composer | 3/9/2020 | 1/19/2021 | No | No |
| Canada | Dancer/Choreographer | 6/6/2019 | 2/10/2020 | YES | No |
| China | Landscape Architectural Designer | 19-Sep | 11/2/2020 | No | No |
| Japan | Curator of Culture, Art & Education | 6/25/2020 | 3/30/2021 | No | No |
| Japan | Designer and Creative Director | 6/26/2020 | 4/5/2021 | No | No |
| China | Art Director | 7/14/2020 | 3/17/2021 | No | No |
| Lebanon | Chief Technological Officer | 12/9/2020 | 9/2/2021 | No | No |
| Japan | Street Artist | 10/29/2020 | 9/8/2021 | No | No |
2019
| Country | Profession | Date Filed | Date Case Approved | RFE? | PP? |
|---|---|---|---|---|---|
| Germany | Data Scientist and Researcher | 5/16/18 | 1/24/19 | No | No |
| Australia | Multidisciplinary artist | 5/8/18 | 2/4/19 | No | No |
| Italy | Choreographer | 5/21/18 | 5/28/19 | Yes | No |
| Korea | Architect | 8/7/18 | 2/20/19 | No | No |
| Japan | Lighting designer | 10/2/18 | 3/25/19 | No | No |
| Korea | Dancer/Choreographer | 6/15/18 | 4/27/19 | No | No |
| Taiwan | Lighting designer | 11/26/18 | 6/3/19 | No | No |
| Taiwan | Creative Director | 8/15/18 | 6/25/19 | Yes | No |
| France | Design Director | 12/12/18 | 7/16/19 | No | No |
2018
| Country | Type of artist | Date Filed | Date Case Approved | RFE? | PP? |
|---|---|---|---|---|---|
| Ireland | Arts Consultant | December 14, 2017 | December 27, 2017 | No | Yes |
| Japan | Jewelry Designer | March 20, 2018 | March 27, 2018 | No | Yes |
| Australia | Graphic Designer | May 8, 2017 | April 5, 2018 | Yes | No |
| Japan | Lighting Designer | October 20, 2018 | April 30, 2018 | No | No |
| Japan | Production Manager | December 25, 2017 | May 21, 2018 | No | No |
| Japan | Musician | January 8, 2018 | June 6, 2018 | No | No |
| Japan | Digital Composer | March 20, 2018 | August 29, 2018 | No | No |
