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National Interest Waiver (General)
National Interest Waivers (NIW) are part of the second preference employment-based immigration category (EB-2), which are for immigrants with exceptional ability in the sciences, arts or business and advanced degreed professionals. At least three of the following types of evidence must be established to qualify for a NIW:
i) an official academic record showing that the applicant has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
ii) evidence in the form of letters from current or former employers showing that the applicant has at least 10 years of full-time experience in the occupation for which he or she is sought;
iii) a license to practice the profession or certification for a particular profession or occupation;
iv) evidence that the applicant has commanded a salary or other remuneration for services, which demonstrates exceptional ability;
v) evidence of membership in professional associations;
vi) evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities or professional or business associations.
The primary benefit of filing an immigrant petition based on national interest waiver stems from the fact that the immigrant is considered to be valuable to the United States that neither a labor certification nor a job offer from a Unites States employer, is necessary.
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