Frequently Asked Questions

The National Interest Waiver (NIW) is a category of employment-based green card (EB-2) that allows certain foreign nationals to obtain permanent residency in the United States without requiring a job offer or labor certification.

Unlike other employment-based visas, the NIW allows you to self-petition, meaning you don't need an employer to sponsor you. This makes it particularly attractive for researchers, scientists, entrepreneurs, and other professionals who have made significant contributions to their field.

The NIW is based on the premise that your work is in the national interest of the United States, and that waiving the job offer and labor certification requirements would benefit the country.

To qualify for a National Interest Waiver, you must meet three main criteria established by the U.S. Citizenship and Immigration Services (USCIS):

• 1. Advanced Degree or Exceptional Ability: You must have either an advanced degree (master's or higher) or demonstrate exceptional ability in your field. Exceptional ability means a degree of expertise significantly above that ordinarily encountered in your field.
• 2. Your Work is in the National Interest: Your proposed work must have substantial merit and national importance. This can include advancing science, technology, healthcare, education, or other areas that benefit the U.S. economy or society.
• 3. You are Well-Positioned to Advance the Proposed Endeavor: You must demonstrate that you are well-positioned to advance your proposed work in the United States. This typically involves showing a track record of achievements, publications, citations, awards, or other evidence of your contributions to your field.

Common qualifying fields include:

• • STEM fields (Science, Technology, Engineering, Mathematics)
• • Medical research and healthcare
• • Business and entrepreneurship
• • Education and research
• • Arts and culture
• • Environmental and energy research

The NIW process typically involves several key steps:

• 1. Document Collection: Gather evidence of your qualifications, including degrees, publications, citations, awards, patents, and letters of recommendation.
• 2. Petition Preparation: Prepare Form I-140 (Immigrant Petition for Alien Worker) along with supporting documentation that demonstrates you meet the three criteria mentioned above.
• 3. Legal Arguments: Develop compelling legal arguments that connect your achievements to the national interest requirement, often citing relevant case law and policy precedents.
• 4. Submission: File your petition with USCIS along with the required fees.
• 5. Processing: USCIS reviews your petition, which can take several months to over a year.
• 6. Approval: If approved, you can proceed with the green card application process (Form I-485 if you're in the U.S., or consular processing if abroad).

Strong NIW petitions typically include:

• • Academic credentials: Degrees, transcripts, certifications
• • Publications: Peer-reviewed articles, books, conference papers
• • Citations: Evidence that others in your field reference your work
• • Letters of recommendation: From experts in your field who can attest to your contributions
• • Awards and recognition: Professional awards, grants, fellowships
• • Patents: If applicable to your field
• • Media coverage: Articles, interviews, or features about your work
• • Professional memberships: Membership in exclusive professional organizations
• • Impact evidence: Documentation showing how your work has benefited your field or society

The key is to demonstrate not just that you're qualified, but that your work has had and will continue to have a significant impact on your field and the national interest.

The timeline for an NIW petition can vary significantly:

• • Petition preparation: Traditionally takes 2-6 months with an attorney, but can be done in minutes with One Luka's AI-powered platform
• • USCIS processing: Typically 6-18 months, depending on the service center and whether you use premium processing (which costs extra but provides a decision within 45 days)
• • After approval: If you're already in the U.S., you can file Form I-485 (adjustment of status) concurrently or after approval. This typically takes another 6-12 months.
• • Total timeline: From petition filing to green card approval, expect 1-3 years on average, though this can vary based on your country of birth (due to visa number availability).

The costs associated with an NIW petition include:

• • Legal fees: Traditional immigration attorneys typically charge $5,000-$15,000 or more for NIW petition preparation
• • Government fees:

- Form I-140 filing fee: $700 (as of 2024)

- Premium processing (optional): $2,805

- Form I-485 filing fee (if applicable): $1,440 plus biometrics fee

• • One Luka offers significant cost savings by automating the petition preparation process, allowing you to generate professional-quality petitions at a fraction of traditional attorney costs.

One Luka revolutionizes the NIW petition process by:

• • Speed: Generate complete petition packages in minutes instead of months
• • Cost savings: Get expert-level quality at a fraction of traditional attorney fees
• • AI-powered analysis: Automatically extract and analyze your qualifications from your LinkedIn profile
• • Intelligent research: Automatically find relevant policies, precedents, and case law to strengthen your petition
• • Recommender identification: AI helps identify the best potential recommenders from your professional network
• • Professional formatting: Generate properly formatted documents ready for submission
• • Attorney-designed: Built with input from immigration attorneys to ensure quality and compliance

While One Luka streamlines the process, we always recommend consulting with an immigration attorney for complex cases or legal advice specific to your situation.

Yes! One of the key advantages of the NIW is that you can self-petition, meaning:

• • You don't need a job offer from a U.S. employer
• • You don't need labor certification (PERM)
• • You can work for any employer or be self-employed after approval
• • You can change jobs or employers freely

This makes the NIW particularly attractive for researchers, entrepreneurs, and professionals who want flexibility in their career path in the United States.

After your I-140 petition is approved:

• • If you're in the U.S. on a valid nonimmigrant visa: You can file Form I-485 (adjustment of status) to become a permanent resident. You may also be eligible for an Employment Authorization Document (EAD) and Advance Parole while your application is pending.
• • If you're outside the U.S.: You'll go through consular processing at a U.S. embassy or consulate in your home country.
• • Visa number availability: Your priority date (the date your I-140 was filed) determines when you can proceed with the green card application. Some countries (like India and China) have longer wait times due to visa number backlogs.
• • Once you receive your green card: You become a permanent resident with the right to live and work anywhere in the U.S., travel freely, and eventually apply for citizenship after meeting residency requirements.