There are several ways that foreign individuals can enter and work in the United States legally. Coming to work in the United States through a National Interest Waiver has many more benefits than using an EB-2 visa. Contact a Montgomery County employment immigration lawyer to learn more about your rights and options.

What is a National Interest Waiver?

When a foreign individual wants to work and live in the United States permanently, they have several options. One of them is to apply for an employment-based visa like an EB-2. To obtain an EB-2 visa you must follow strict instructions including obtaining a job, having your employer submit a petition on your behalf, waiting for responses, completing various forms, paying multiple fees, and more. The process can be difficult and lengthy.

A National Interest Waiver (NIW) is a provision to the rules of the EB-2 visa. The waiver allows highly qualified foreign individuals to come work in the United States without first obtaining a job offer or meeting the requirements of an employment-based visa. The applicant represents themself in a shorter and more streamlined process. National Interest Waivers are only available to individuals with advanced degrees, significant experience, many achievements, and who have shown exceptional ability in their chosen field.

What Are the Benefits of a National Interest Waiver?

National Interest Waivers are great options for individuals seeking an employment visa to the United States. Many people want to obtain one, and for good reason. Some benefits of an NIW include the following.

  • There is no employee sponsorship requirement. For a normal employment-based visa, your employer has to sponsor you, write letters of support, fill out applications, etc. When pursuing a National Interest Waiver, you can sponsor yourself, giving you more freedom and control over the process.
  • The entire experience is more flexible. When you take the EB-2 route, you must have a job at a specific company and location. When you get an NIW, you can enter the United States without a plan set in stone. You are not legally tied to any one company or place so you can travel around and work in different positions.
  • It generally takes less time to process than an EB-2 visa. The EB-2 visa process can be long and strenuous. Getting to waive the employment requirement can expedite the process of getting a visa as you do not have to complete a months-long job search or obtain employment first.
  • The National Interest Waiver is also applicable to most professional fields. These can include education, health, technology, science, culture, entrepreneurialism, business, humanities, and more.

There are many benefits to a National Interest Waiver. If you are interested in coming to the U.S. on an employment-based visa, reach out to an experienced attorney for more information and advice.