About National Interest Waivers
An "Advanced Degree" is a Master's degree or higher. Ph.D., M.D., J.D. and other similar degrees also qualify. Executive MBAs or post-master's degree certificate programs do not qualify on their own, Foreign advanced degrees must be equivalent to U.S. advanced degrees according to a qualified evaluation service.
Degrees and practical work experience can be combined and found equivalent to an Advanced Degree. A bachelor's degree plus at least 5 years of post-graduation work experience will count as an advanced degree.
The U.S. immigration agency has expressed a strong preference for STEM Ph.D. graduates of U.S. universities. If this is you, then you should explore the NIW option as part of your permanent immigration plan. 2023 is a great year to apply, as this agency preference can change as political leadership in the U.S. changes through elections.
The 1st Requirement: An Advanced Degree
An "Advanced Degree" is a Master's degree or higher. Ph.D., M.D., J.D. and other similar degrees also qualify. Executive MBAs or post-master's degree certificate programs do not qualify on their own, Foreign advanced degrees must be equivalent to U.S. advanced degrees according to a qualified evaluation service.
Degrees and practical work experience can be combined and found equivalent to an Advanced Degree. A bachelor's degree plus at least 5 years of post-graduation work experience will count as an advanced degree.
The U.S. immigration agency has expressed a strong preference for STEM Ph.D. graduates of U.S. universities. If this is you, then you should explore the NIW option as part of your permanent immigration plan. Now is a great time to apply, as this agency preference can change as political leadership in the U.S. changes through elections.
**Please note that there is another way to qualify for National Interest Waivers even without an Advanced Degree. This method is for people with "Exceptional Ability". It is not discussed on this website, but you can contact Waypoint Immigration USA for more information.**
The 2nd Requirement: A Clear Proposed Endeavor
The proposed endeavor must be clear. It is not usually enough to say you will continue work at a particular company, continue research, or seek a specific type of job. The immigration agency wants details on exactly what you will be doing to benefit the United States, so that they can clearly see how that benefit will be significant.
The proposed endeavor should be written in a personal statement that you sign. It should be a detailed statement that explains now only what you do but how you will do it.
Entrepreneurs should submit a business plan in addition to their personal statement.
The proposed endeavor must be truthful. A proposed endeavor should not be created around what anyone says is easiest to get approved, but it should accurately reflect what you will be working on in the future. Such reflection is sometimes difficult, especially for people from India or China who are imagining their careers 3-10+ years into the future due to backlogs. For example, it is easier to prove that you will be pursuing an endeavor that is related to your past career or research activities. A scientist continuing research in their specialty, a business leader continuing impactful leadership, or an entrepreneur starting a new business all make sense. However, sometimes a scientist wants to pivot into entrepreneurship, and sometimes a business leader wants to become an independent consultant or change industries. Changes that have legitimate and rationale explanations can be explained persuasively.
You do not need to start a business and have a business plan to get an NIW petition approved. Having a business plan will not automatically result in approval.
1. The Endeavor Has Substantial Merit & National Importance
Impact beyond a specific company's clients or customers.
Job Creation.
2. The Person is Well-Positioned to Advance the Proposed Endeavor
Career accomplishments
Prior impact on the field at a national level
Investor interest
U.S. government agency interest
3. The Petition Passes a Balancing Test
The "Labor Certification" process is unsuitable
U.S. Interests are Sufficiently Urgent
You will benefit the United States significantly even if a U.S. worker is available.
NIW Petitions with Waypoint
Waypoint Immigration USA provides 3 different packages for NIW petitions. The timeline and pricing are approximations and are subject to variance according to individual contract terms. We recommend booking an initial assessment appointment to go over the details prior to booking any service through this website. Waypoint Immigration USA reserves the right to refuse to proceed with any case in their attorneys' discretion. Every case must have an individually signed contract to proceed. The information and service booking links are provided here for convenience for clients who have already talked with a Waypoint attorney and are not a guarantee of service.
Prices include attorney's fee, government filing fees, and all administrative fees/costs. Responses to Requests for Evidence are not included.
Process Overview
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Collecting Documents - usually 2-6 weeks
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Drafting Reference Letters - usually 2 weeks
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Getting Signatures and Final Documents - usually 2-5 weeks
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(including getting letters signed, any necessary translations or evaluations done, business plan drafted, and final documents gathered)
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Drafting Petition Letter and Forms - usually 2-3 weeks
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File Review and Edits - usually 1-2 weeks
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Shipment to the Government - usually 1-2 days
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Government Processing - usually 3-24+ months
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Using Premium Processing Services guarantees government review within 45 days
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Expedited Processing means that Waypoint will not take any longer than 30 days total with its action items. With attorney and client cooperation, it is possible to file the petition within a 30 day timeframe when cases are urgent.