How I-140 National Interest Waivers (NIW) can Benefit Employers Hiring International Talent
- Hadley Bybee, Mdivani Business Immigration Lawyer
- 6 days ago
- 2 min read
Updated: 11 minutes ago
For U.S. employers hiring highly skilled international professionals, the National Interest Waiver (NIW) offers a major advantage: it allows employers to skip the DOL permanent labor certification (PERM) process, which can be time-consuming, costly, and requires undergoing recruitment and advertising for the position to prove no qualified U.S. workers are available.
Demonstrating Eligibility for a National Interest Waiver
Eligibility for an NIW focuses on showing that the employee’s work will benefit the “national interest” i.e. the United States as a whole, not just the sponsoring employer. Additionally, this waiver is only available to members of the professions holding an advanced degree or persons of exceptional ability.
To qualify, the employer must demonstrate the following three (3) elements:
The employee’s proposed endeavor has both substantial merit and national importance (e.g., the development of a drug for public health benefits or widespread interest in adoption or licensing of a technology being developed).
The employee is well-positioned to advance the endeavor (e.g., evidence of the individual’s qualifications, detailed plans, and interest/support from potential customers/users/investors etc.)
Waiving the job offer and labor certification requirements would benefit the U.S. (e.g., because of impracticability, positive economic impact, or urgency).
In examining an NIW case, USCIS will determine whether the employer has demonstrated that the factors in favor of granting the waiver outweigh those supporting the requirement of a labor certification, which is designed to protect U.S. workers; this can be a difficult bar to meet, so the case requires strong evidence to support it.
Bottom Line
The NIW can be an ideal tool for hiring international individuals whose work clearly aligns with national priorities. If successful, it can save time, reduce costs, and eliminate recruitment hurdles for U.S. employers. Employers should assess potential NIW candidates early and consult with their immigration counsel to determine whether filing for an NIW makes sense for their business.
Hadley Bybee, Corporate Immigration Lawyer
Mdivani Corporate Immigration Law Firm
The information on this website is for general information purposes only. It is not legal advice applicable to a specific situation. Viewing it does not create an attorney-client relationship.
