Terms & Definitions

National Interest Waiver

National Interest Waivers can be pursued by individuals with an advanced degree and demonstrated outstanding ability who are seeking to gain both permanent residence and a waiver from the labor certification process. To qualify, the individual’s work in the U.S. must substantially benefit the national economy, cultural interests, or the welfare of the U.S. Upon approval of a National Interest Waiver petition (I-140), the individual can file for permanent residence. No U.S. sponsor is required.

Extraordinary Ability Waiver

Extraordinary Ability Waivers are available to individuals who are distinguished in their fields.  Applicants must demonstrate their level of excellence through extensive documentation and satisfy a variety of criteria set forth by USCIS.  Similar to a National Interest Waiver, once the I-140 petition is approved, the individual can file for permanent residence, and no U.S. sponsor is required.

Outstanding Researcher/Professor Waiver

Similar to an Extraordinary Ability Waiver, demonstration of international recognition for outstanding achievements in a particular academic field is mandatory for the Outstanding Researcher/Professor category.  These waivers of the labor certification process are available to individuals with at least three years of outstanding work in their fields.  In addition, the individual must have an offer of tenure, tenure track teaching, or comparable research position at a university or other institution of higher education. 

For assistance with any of these waivers or other immigration matters, please contact our office.