Green card

Nonimmigrant visa

National Interest Waiver

Temporary Non-Agricultural Workers

Entrepreneurs, Researchers, Physicians, Industry experts, Innovators, STEM professionals

Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff

• You must hold an advanced degree (master's or higher), possess a bachelor's degree plus five years of progressive work experience, or demonstrate exceptional ability in your field by showing at least 3 of 6 requirements, such as maintaining membership in professional associations and earning recognition for your contributions to your industry from peers or professional organizations.

• Demonstrate that you will work on a proposed endeavor with substantial merit and national importance, and provide evidence that you are well-positioned to advance this work.

• Employers must demonstrate a temporary need, which is limited to up to three years for a one-time need or 10 months for seasonal, peak load, or intermittent needs.

• Employers must provide evidence that there are no U.S. workers who are willing, qualified, and able to perform the temporary work.

• Employers must certify that hiring H-2B workers will not negatively impact the wages and working conditions of similarly employed U.S. workers.

• Provides complete flexibility to work, live, and study in the U.S.

• Flexible requirements, making it suitable for a variety of profiles.

• Does not require employer sponsorship or a job offer, providing significant independence.

• Eliminates the need for the lengthy labor certification process.

• Does not focus on individual credentials, making it accessible to a wide range of applicants.

• Allows U.S. employers to address temporary labor shortages in non-agricultural sectors.

• Flexible in meeting seasonal, peak load, and intermittent labor needs.

• Requires a high burden of proof to demonstrate both national interest and exceptional ability.

• USCIS has broad discretion in deciding whether your permanent residency aligns with the national interest.

• Subject to semi-annual quotas and a rigid lottery-based application process.

• Employers must undergo a rigorous certification process to prove the unavailability of U.S. workers.

• Spouses and dependents do not receive work authorization.

Not required

Required

Permanent residency

Duration of labor certification, up to 1 year, renewable for a total of up to 3 years

Every 10 years

Renewable up to 3 years

24-30 months¹

5-6 months

45 business days

15 business days

Yes

No

¹Applicants from India, China, or Mexico may experience longer wait times.

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