The national interest waiver (NIW) is for the second preference employment-based category which allows an alien to bypass the labor certification process and self-petition for permanent residence based on professional achievements he established in his/her field of endeavor. This waiver is available if the alien’s work is in the national interest and he/she has a good record of achievements in the field. The NIW is typically utilized by postdoctoral researchers, but also be used by professors, industry researchers, artists, and business people.
 The standards for National Interest Waiver are laid out in detail in New York State Department of Transportation ("NYSDT").

The NIW petition provides more options in job opportunities. Compared to the labor certification process, the alien can change jobs much sooner and can change to a much broader range of job opportunities. In some cases, the alien can be self-employed.

1. The minimal requirement is a master’s degree or exceptional ability in the field.
2. The main requirement is a three-prong test laid out in NYSDT. In order to qualify for National Interest Waiver, the alien must meet all three parts of the test:
 1) The alien's employment must be in an area of substantial intrinsic merit.
 2) The proposed benefit must be national in scope.
 3) The significant benefit derived from this particular alien’s participation in the “national interest” field of endeavor considerably outweighs the inherent national interest in protecting U.S. workers through the labor certification process.

The filing fee for Form I-140 is $475

1. Provide NIW questionnaire for alien applicant,
2. Provide supporting document checklist,
3. Review your personal qualifications,
4. Confirm that the NIW petition is appropriate,
5. Advice on how to prepare the documents to prove exemption from job offer would be in national interest,
6. Advice on how to prepare recommendation letters,
7. Prepare application forms,
8. Prepare attorney cover letter and supporting letter,
9. Submit your application with USCIS and keep your file,
10. Keep correspondence with USCIS,
11. Keep clients informed of the case status,
12. Provide online access to your case status,
13. Assist client in response to Request for Evidence, if any.

$5,000
NOTE
This service fee is the basic reference price, which may be adjusted case by case.