The National Interest Waiver (NIW) exempts the requirement to test the job market for an employment-based application. A grant of waiver means that the foreign applicant's skills and knowledge will provide national benefits to America. Further, an NIW petitioner may also self-petition for his/her green card without sponsorship by an employer.
To qualify for NIW, the petitioner must be either advanced degree professionals or individuals with exceptional ability. In 2016, the Administrative Appeals Office (AAO) revised the legal standard for NIW in Matter of Dhanasar, making it a more viable option for foreign nationals to apply for employment-based permanent resident status. However, recent AAO decisions demonstrate that petitioners must still meet all requirements in order to obtain a national interest waiver.
The following are some AAO decisions from early 2022 regarding NIW:
Travel Management Specialist: This petitioner in this case self-petitioned herself for a green card. The NSC Director denied the case after determining that her profession as a "travel management specialist" is not a profession under the EB-2 visa category. On appeal, AAO remanded the case to NSC to determine if the petitioner qualifies as a person with exceptional ability.
Linguistic Professional: This case was remanded by AAO to the NSC to determine if the petitioner qualifies for NIW as an advanced degree professional. Contrary to the case above, the NSC Director here failed to consider whether the petitioner's bachelor's degree and subsequent work experience would qualify the petitioner as an advanced degree professional.
Mechanical Engineer and Software Programmer: Petitioner, an advanced degree holder, presented two IT projects with automatic functions and other sophisticated features. Although the petitioner procured funding for his projects, he failed to prove that his IT projects could bring about national economic or other benefits that would warrant a grant of NIW.
Cancer Biology Researcher: AAO reversed the TSC Director's denial of NIW for the petitioner. Medical researchers, especially those who engage in cancer research, are good candidates for NIW petitions. It is unclear why TSC denied her petition initially.
Accountant: Petitioner's appeal was rejected because she failed to prove that her accounting services would have national benefits beyond her immediate clients and locality.
Postdoctoral Research Associate: The TSC Director failed to follow the legal framework announced by Dhanasar. Hence, AAO remanded the case to TSC for further review.
Geology Researcher: The petitioner's appeal was dismissed because she failed to prove that she was well positioned to advance her area of endeavor, namely, geology research.
Dentist: Appeal dismissed because petitioner failed to prove national importance of his work.
Marketing Manager: Case was denied because petitioner failed to prove that his marketing and business administration experience in Brazil will provide national benefits to the U.S.
Nurse Supervisor: Petitioner's profession as a nurse does not qualify as an EB-2 advanced degree professional.
Information Technology Specialist: Petitioner had past achievements in information technology systems, but failed to demonstrate prospectively how he will provide national benefits to the U.S. in the future.
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