National Interest Waivers: Current State Of Play

In employment-based immigration, most paths to a green card require a labor market test through the labor certification (or PERM) process. National Interest Waivers (NIWs) provide an important exception to this rule. NIWs allow advanced degree professionals and individuals with demonstrated exceptional ability in the sciences, arts, or business to bypass the labor certification process and secure U.S. permanent residence even in the absence of a job offer. Individuals can benefit from NIW classification through sponsorship by an employer or self-sponsorship, as long as they can demonstrate that their endeavors and contributions are "in the national interest" of the United States.