National Interest Waiver: No employer & No Labor Certification –

Normally, an individual must have both a job offer and approved Labor Certification before he or she can file for an employment-based second preference (“EB-2”) petition.

However, an individual can bypass those two requirements and file for an EB-2 if the individual qualifies for a National Interest Waiver (“NIW”). Essentially, the NIW candidate must show that the candidate will provide a benefit so great to the U.S. that the candidate should be allowed to bypass the Labor Certification process. Obviously, an individual with highly renowned unique skills or talents makes an ideal NIW candidate. Some examples would be Ph.D. students with specialized theses, or renowned scholars. Additionally, individuals working for private companies may qualify if their work provides a substantial national benefit, and certain physicians also qualify for NIW, provided they meet the statutory requirements.



Written by admin

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).