Alternatives to the PERM Immigration Process, the National Interest Waiver. Part I

For talented individuals seeking a U.S. green card, there are several options that do not require going through the lengthy PERM labor certification process. These alternatives are available to those who can demonstrate exceptional abilities or work that benefits the country.

Key Green Card Options:

I. EB-2 National Interest Waivers (NIW) for Non-Physicians

A National Interest Waiver (NIW) allows individuals with advanced degrees or "exceptional ability" to bypass the traditional job offer and labor certification process. 

Exceptional ability means having expertise well above the norm. Examples of proof include:

• Academic degrees

• Letters confirming 10+ years of work experience

• Professional licenses or certifications

• Proof of high salary

• Membership in professional organizations

• Recognition from peers or industry experts

  
  

To qualify for an NIW, applicants must meet these three criteria:

• The work has substantial merit and national importance.

• The applicant is well-positioned to advance this endeavor.

• Granting a waiver benefits the U.S. more than requiring a job offer and labor certification.

Key points to strengthen a case:

• Projects should already be in progress, not just planned.

• Job creation is a plus, especially if it significantly impacts the local economy.

• Strong evidence supporting every claim is essential.

• The applicant’s past work should closely relate to the national interest argument.

• General economic arguments aren’t enough; the applicant must show a direct, substantial impact on the economy or their industry.

  
  

II. NIWs for STEM Professionals

STEM refers to science, technology, engineering, and mathematics fields. The U.S. values advancements in these areas, especially in emerging technologies that enhance national security and competitiveness.

To qualify, a STEM professional must show:

• Their work has substantial merit and national importance.

• Possessing a Ph.D. in a critical STEM area is a strong advantage.

• The work advances an important STEM field related to U.S. interests.

Additional supporting evidence can include letters from U.S. government or quasi-government agencies that emphasize the importance of the person’s work to the nation. Urgency and national benefit should also be highlighted.

III. NIWs for Entrepreneurs

Entrepreneurs with innovative businesses may also qualify for an NIW. USCIS understands that startups often don’t follow traditional career paths, so flexibility in the evidence presented is allowed.

Entrepreneurs can provide:

• Proof of ownership and their role in the U.S.-based entity. 

• Degrees, certifications, and letters of experience.

• Proof of investments or funding commitments.

• Participation in incubators or accelerators, which help startups grow.

• Intellectual property (e.g., patents) showing potential for success.

• Revenue growth, job creation, and recognition by third parties.

  
  

Letters from government bodies, investors or potential investors, or industry experts that verify the business’s impact on the economy or industry can also support the application.