National Interest Waivers (NIW) for Exceptional Professionals and Entrepreneurs

For professionals, whose work significantly benefits the United States, the National Interest Waiver (NIW) offers a unique pathway to permanent residency. This option allows eligible individuals to bypass the traditional labor certification process and employer sponsorship, streamlining the journey to a U.S. green card.​

At Benach  Pitney Reilly Immigration, we specialize in crafting compelling NIW petitions that highlight our clients’ contributions to the national interest. Our strategic, proactive approach ensures that you’re well-positioned for success from the moment your petition is filed.​

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What is a National Interest Waiver (NIW)?

The National Interest Waiver is a provision under the EB-2 employment-based immigration category. It allows foreign nationals with exceptional abilities or advanced degrees to self-petition for a green card without a specific job offer or labor certification, provided their work is deemed to be in the national interest of the United States.

Who Is the National Interest Waiver (NIW) For?

The NIW is ideal for individuals who:​

  • Hold an advanced degree (master’s or higher) or possess exceptional ability in their field.
  • Are engaged in work that has substantial merit and national importance, such as in science, technology, healthcare, education, or entrepreneurship.
  • Prefer to self-petition without employer sponsorship.​

NIW Eligibility Criteria and Legal Framework?

To qualify for an NIW, applicants must meet the following criteria:​

  • EB-2 Eligibility: Possess an advanced degree or demonstrate exceptional ability in the sciences, arts, or business.
  • National Interest Criteria: Applicants must satisfy a three-part test demonstrating that their work has substantial merit and national importance:
    • The proposed endeavor has substantial merit and national importance.
    • The applicant is well-positioned to advance the proposed endeavor.
    • On balance, it would benefit the United States to waive the job offer and labor certification requirements.
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NIW vs. Employer-Sponsored EB-2: What's the Difference?

 

Feature

EB-2 (Employer-Sponsored)

EB-2 NIW (Self-Petitioned)

Job Offer Requirement

Yes

No

Labor Certification (PERM)

Required

Waived

Petition Filed By

U.S. Employer

Applicant

Flexibility

Limited to employer

Greater autonomy

Ideal For

Traditional employment

Independent professionals

The NIW offers greater flexibility and is particularly advantageous for individuals whose work serves the national interest but may not have a specific job offer in the U.S.

Advantages of the NIW Pathway

  • Self-Petition: No need for employer sponsorship or job offer.
  • Labor Certification Waived: Bypasses the time-consuming PERM process.
  • Flexibility: Ideal for entrepreneurs, researchers, and professionals with dynamic career paths.
  • Direct Path to Green Card: Streamlines the process to obtain permanent residency.​

 

Important Considerations for NIW

  • Evidence of National Importance:  Applicants must provide substantial documentation demonstrating the national significance of their work.
  • Well-Positioned to Succeed:  Proof of past achievements and future plans is crucial.
  • Comprehensive Documentation:  Letters of recommendation, publications, and other supporting materials strengthen the petition.
  • Backlogged Final Action Dates:  Due to high demand, the final action dates by when NIW applicants can apply for adjustment of status are backlogged. Consult an immigration attorney to understand how this may affect the timelines of NIW and adjustment of status applications
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How Benach Pitney Reilly Immigration Helps?

Our firm offers comprehensive support throughout the NIW petition process:​

  • Personalized Strategy: We assess your unique qualifications and tailor a petition strategy that highlights your contributions to the national interest.
  • Document Preparation: Assistance in gathering and organizing necessary documentation, including recommendation letters and evidence of achievements.
  • Legal Expertise: Our attorneys stay abreast of the latest USCIS guidelines to ensure compliance and increase the likelihood of approval.
  • Ongoing Support: From initial consultation to petition submission and beyond, we provide continuous guidance and support.

Why Partner with Benach Pitney Reilly Immigration?

At Benach Pitney Reilly Immigration, we combine legal acumen with a deep understanding of the NIW process to deliver exceptional results:​

  • Proven Track Record: Successful representation of clients across various industries, including STEM, healthcare, and the arts.
  • Tailored Solutions: Customized strategies that align with each client’s unique background and goals.
  • Dedicated Support: A commitment to providing responsive, client-focused service throughout the immigration process.
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See What Our Clients Say About Us!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.
""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.
""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.
""I cannot express enough gratitude to Benach Pitney Reilly Immigration. Thanks to your professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, your team demonstrated a genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Pitney Reilly Immigration to anyone looking for a reliable, professional and efficient team for immigration matters and thank you. miss sarah pitney for helping me in this long process that gave everything so that i was in the best way thank you for everything"" - Carlos M.
""I cannot express enough gratitude to Benach Collopy LLP. Thanks to their professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, their team demonstrated genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Collopy LLP to anyone seeking a reliable, professional, and efficient team for immigration matters. Thank you for changing my life!"" - Alessia O.
""Ava is an immigration powerhouse! Her expertise and commitment to her clients are unmatched. While other lawyers were at a loss, Ava took charge and confidently navigated our case with precision. From day one, she knew exactly what needed to be done and executed it flawlessly. Thanks to Ava’s relentless dedication, we have our green card! She went above and beyond, and we are beyond grateful for her exceptional work. If you need an immigration expert, Ava is the one you want on your side."" - Fede P.
""My Immigration Journey: From Uncertainty to Triumph! I embarked on my immigration journey 5-6 years ago, navigating uncharted waters with little understanding of the complex process. I faced numerous challenges, changed lawyers, and sought answers, but to no avail. That was until I found Benach Pitney Reilly Immigration. Through diligent research, I discovered the right team and was fortunate to have Dree as my initial consultation attorney. She was knowledgeable, empathetic, and provided invaluable guidance, setting the tone for a successful partnership. As my case progressed, I had the pleasure of working with David, who took the reins and expertly navigated me through the remaining process. David, you are a beacon of hope, guidance, and humility. Your selflessness, compassion, and willingness to help are traits that make you an outstanding attorney and an inspiration to many. Under the exceptional guidance of Dree and David, my immigration process transformed from a daunting task to a manageable and successful journey. The entire team's professionalism, empathy, and commitment to excellence are unparalleled. To anyone seeking immigration guidance, I highly recommend Benach Pitney Reilly Immigration. Sofia , David, and the team are the epitome of excellence, and I'm honored to have had the privilege of working with them. Thank you, David and Sofia for being shining examples of what it means to serve with humility and kindness."" - Shoukat A.