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One of the ways to live and work permanently in the United States is by seeking an employment-based immigrant visa. Some immigrant visa preferences require one to already have a job offer from a U.S. employer, who is considered the person’s Sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved Labor Certification from the U.S. Department of Labor (DOL). The National Interest Waiver (NIW) is a request that the job offer, and thus the labor certification, be waived because it is in the interest of the United States. It is an exemption from the labor certification process and job offer requirement for advanced degree/exceptional ability workers applying for an EB-2 Visa for Immigration into the United States. Under this special provision, qualified professionals who can demonstrate that their work is in the national interest of the United States, get an exemption from the labor certification process and job offer requirement.

The NIW is supported by the following Regulations: 1. Section 203(b)2(B)(i) of the Immigration and Nationality (INA) Act 2. 8 Code of Federal Regulations (CFR) S.204(5)(k)2