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NIW (National Interest Waiver)

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United States-based companies sourcing employees that currently live outside of the country may require the use of the NIW (National Interest Waiver) offered by the U.S. Citizenship and Immigration Services. This area of immigration law is closely related to the EB-2 visas for individuals who possess advanced degrees or exceptional abilities. At the Law Office of Raymond O Griffith in Baltimore, MD, we’re happy to provide guidance for companies and individuals in this matter and provide the necessary immigration law advice so you can continue business as usual. Learn more about NIWs below and contact us today with any questions!

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What is an NIW?

Alongside the submission of an immigration law petition, an employer must also demonstrate their ability to sufficiently pay the foreign employee’s wages until his or her permanent residence status is achieved. However, in certain situations, an employer can also request a NIW, which waives this financial requirement because — much like the name suggests — it is in the best interest of the United States as a whole to do so.

who qualifies for an niw?

An NIW starts with the application of a EB-2 visa, which is an employment-based visa in the world of immigration law. Individuals who qualify for this type of residency within the United States are individuals who have exceptional abilities in the arts, sciences, or businesses.

 

Factors Considered For NIW Certification

The U.S. Citizenship and Immigration Services (USCIS) reviews all immigration law petitions that request an NIW and considers three primary factors while doing so. Acceptance of an NIW may be possible if:

  • Bringing the employee to the United States is of substantial merit and national importance.
  • The employer in question is in a good financial position to continue supporting the foreign employee
  • Waiving the financial requirement of the job offer (and labor certification) is beneficial to the United States 

Filing for an NIW Visa

Future employers of individuals outside the United States can request an NIW to skip demonstrating the ability to pay wages, or the future employee themselves can self-petition. However, our immigration law experts at the Law Office of Raymond O Griffith are capable of answering any and all questions you may have!

If you’re an employer eager to expand your workforce, or an employee relocating to the United States, contact our team of legal experts to understand all your options!

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