A National Interest Waiver 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.
[4] Physician national interest waiver[5] is a specially designed category for physicians/doctors to work and conduct impactful research in the United States.
It enables a clinical physician/doctor to adjust his/her status to a lawful permanent resident without actually demonstrating that eligible and qualified physicians are unavailable in the particular location.
This binding decision stems from a petitioner's appeal of a National Interest Waiver denial by a USCIS adjudicator at the agency's Texas Service Center.
These requirements replaced previous guidelines stemming from the 1998 appeals case Matter of New York State Department of Transportation (known as NYSDOT in the immigration law community).
To determine whether the applicant is well positioned to advance the proposed endeavor, USCIS considers factors including: the individual's education, skills, knowledge and record of success in related or similar efforts; a model or plan for future activities; any progress towards achieving the proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities or individuals.
[11] As with all other types of applications for immigration benefits, USCIS can issue Requests for Evidence to the petitioner when adjudicating EB-2 I-140 National Interest Waiver petitions.
[12] The Biden Administration has issued executive orders and changed USCIS guidance making National Interest Waivers easier to obtain for STEM degree holders.
[14] In response to the February 2, 2021 Executive Order 14012-Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,[15] USCIS amended guidance in early 2022 enabling more favorable adjudication of NIW petitions by STEM entrepreneurs and degree holders.