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National Interest Waiver Lawyer

Find out more

National Interest Waivers - EB-2 U.S. Immigration

Individuals may be eligible for the employment based EB-2 visa if they are a member of a profession that requires an advanced degree or its equivalent or have exceptional ability in their field. Our immigration law office has over 25 years of experience in work visa, green card, and citizenship cases. With extensive experience in National Interest Waiver cases, our law office is one of the top destination for those wishing to hire an immigration lawyer to prepare and file their NIW immigration case. 

 

National Interest Waiver Overview


National Interest Waivers fall in the  employment based immigration  second preference EB-2 category. Under normal  conditions, labor  certification is required in EB-2 visa cases, in which the U.S. employer  must  show that there are no qualified U.S. employees to fill the  position offered.  In the case of a National Interest Waivers, the labor  certification process is  waived, if it is in the best interest of the  United States. National Interest  Waivers are most commonly granted to  those than can prove that they have exceptional  ability, and that their  employment in the United States will greatly benefit  the U.S. economy.  In the application process, the alien must show that they  have  exceptional ability in a field that can substantially benefit the nation   and its people. National Interest Waivers are most commonly granted to   prominent researchers and professors whose work has great social and  economic  potential for citizens of the United States. The applicant  must show that if  labor certification were required, the United States  would suffer a loss that  could otherwise be prevented if labor  certification were waived. 


National Interest Waiver Application Process


Applicants that wish to obtain a national interest  waiver are able  to self-petition themselves for the EB-2 visa and do not need  an  employer to sponsor them. EB-2 applicants obtaining a National Interest   Waiver are able to file Form I-140 Petition for Alien Worker, on their  own  behalf. Since EB-2 National Interest Waiver petitions do not  require a job  offer, university professors that do not possess a tenure  track position may self-petition themselves for a National Interest  Waiver petition. This provides  a great U.S. visa option for non-tenure  track professors. National Interest  Waivers have become increasingly  more difficult to obtain since 1998. An  attorney may represent your  EB-2 National Interest Waiver case, and careful  review of your  application by an attorney may increase your chances of  approval.   
 

At the time of filing your I-140 petition, you may  directly file  your Form I-485, Application to Register Permanent Residence or  Adjust  Status, thus applicants that can avoid the labor certification process   by obtaining a National Interest Waiver may quickly obtain a green card.  Those  that are born in mainland-China or India, as well as physicians  applying for National  Interest Waivers, are unable to submit Form I-485  at the same time of filing Form  I-140. 


National Interest Waiver Requirements


Three requirements must be met in order to  qualify for the national interest waiver.

  1. The proposed employment must be of a  substantial intrinsic merit, or work that substantially furthers a national  goal.
  2. The proposed benefit to the economy  must be national in scope, and benefit the nation as a whole.
  3. The national interest would be  adversely affected if the labor  certification requirement were to be required. This  means that the  national benefit of the proposed work is so significant that it clearly   outweighs the important public interest in maintaining certain minimum  wage and  employment standards, through requirement of Labor  Certification.


National Interest Waivers for Physicians - Immigration Option for Doctors


Physicians applying for EB-2 visas may obtain a  National Interest  Waiver. In order to qualify, the physician must commonly show  that they  will work in an underserved area in the United States, for a period  of  5 years.
 

Physicians  may obtain a National Interest Waiver if they meet the Following Eligibility  Requirements:

  • Physicians must provide evidence that  they will obtain a  full-time position in clinical practice, and provide their  services for  at least 5 years
  • Physicians must either work in primary  care, or work as a  specialty physician. Primary care includes family  practitioners,  general practitioners, pediatricians, internists,  obstetricians/gynecologists,  and psychiatrists
  • Physicians applying for National  interest waivers must practice  in one of the following areas: designated Health  Professional Shortage  Areas (HPSA), Medically Underserved Areas (MUA),  Physician Scarcity  Areas (PSA-in the case of specialists), Mental Health  Professional Area  (MHPSA-for psychiatrists), or Veterans Affairs facilities
  • Attestation-in the form of a statement  from a federal agency or  state department of health, confirming that you have  the appropriate  qualifications to practice in your field, including academic  degrees  and accomplishments in your field 


Green Cards for NIW Physicians


Physicians may apply for a green card by filing Form  I-485,  Application to Register Permanent Residence or Adjust Status. Physicians   must provide evidence that they have served for a period of 5 years in  the  region indicated in their initial application. In some cases, 3  years will  suffice. In addition, the applicant must file Form I-485 no  more than 120 days  after they have completed their 3-5 year service  requirement.
 

In addition to providing evidence of service, a  physician must  include the following documentation when applying for a green  card  (permanent residence). 

  • A copy of Form I-797, the approval  notice of your I-140
  • An approved copy of Form I-612,  Application for Waiver of Foreign  Residence Requirement, in which foreign  residence requirements are  waived
  • A copy of Form G-325A (Biographic  Information)
  • A copy of any I-797 approval notices, if  you have extended your stay or changed status
  • A copy of Form I-20 or IAP 66 school  records 
  • 2 passport-style color photos
  • A complete copy of your passport,  including any previous visas
  • A complete copy of your birth certificate
  • Completed Form I-692, Medical  Examination and Vaccination Record
  • The I-485 application fee of $985 USD  and $85 biometric fee, totaling in $1070 USD 
  • If you have an attorney representing  you, then Form G-28 should be included 


National Interest Waiver FAQ


What is an advanced degree for NIW purposes?


According to the USCIS, an advanced  degree is that above that of a  U.S. bachelor’s degree or its foreign equivalent.  Advanced degrees  include but are not limited masters and doctoral degrees. A bachelor’s   degree or its foreign equivalent along with at least five years of  experience  in a specialty occupation is considered equivalent to a  master’s degree.


To qualify for an EB-2 NIW, do I need to be an Alien of Exceptional Ability and an advanced degree  holder?


No. National Interest Waiver applicants  either need to be an  Advanced Degree Professional or an Alien of Exceptional  Ability, not  both. 


Is labor certification required for NIW cases?


No. A PERM labor  certification is required for all EB-2  beneficiaries, except for those whose  work is deemed in the “national  interest”, where the proposed employment  prospectively benefits the  U.S. economy, with respect to wages, working  conditions, education,  housing, healthcare, and the environment. EB-2 national  interest waiver  petitions do not require a job offer, thus university  professors  without a tenure track job offer may self-petition a NIW petition. A   letter in support of the NIW provided by an interested government agency   can significantly strengthen the visa case.


How do National Interest Waiver applicants prove  that their prospective work in the United States is of national interest?


National Interest Waiver applicants  should be able to show a track  record of work that was in their nation’s best  interest. Thus, NIW  applicants must establish that their presence in the United  States  would benefit the national interest. Applications should include   publications, letters of recommendations, a list of past achievements,  any  licenses and certification to practice a profession or occupation,  and letters  from current and previous employers.


Can Ph.D. students qualify for national  interest waivers?


If the Ph.D. student holds a master’s degree or its foreign equivalent, he or  she may apply for a national interest waiver.


Do I need to reside in the U.S. to apply for a  National Interest Waiver?


No. You do not need to reside within  the United States when applying for a National Interest Waiver.


How many letters of recommendation are required for NIW cases?


There is no required number of letters  of recommendation for  national interest waiver cases. The stronger the letter  of  recommendation and the more qualified the applicant, the better you will  be  able to substantiate that it is in the national interest to waive  the labor  certification requirement.


As a professor or researcher, how many  published articles are needed to be considered for a national interest waiver?


Publications are not necessary for  National Interest Waiver petitions; however, publications will help  substantiate your case.


My publications are not cited. May I still  apply for a National Interest Waiver? 


Yes. Showing that your work has been  cited by others in your field  will establish that you are respected in your profession;  however, this  is not required. It is generally not enough to show that you have   published work; but more importantly, you should be able to show how  your work  or research has impacted your field of study.


I was denied labor certification. May I still  apply for a National Interest Waiver? 


Yes. If you meet the qualifications of  a NIW case, you may apply for  a national interest waiver. In many instances,  although there may be  U.S. workers who are qualified for the NIW applicant’s  position of  interest, the NIW applicant’s ability may greatly surpass that of   available U.S. workers, and therefore it would be in the national  interest to  waive labor certification and allow the NIW applicant to  fulfill such a  position.


Must I receive an employment or job offer to  be eligible for a national interest waiver?


No. Since there is no job offer  requirement in National Interest Waiver cases, you may apply without an  employment offer.


What is the normal processing time for National  Interest Waiver cases? 


National Interest Waiver cases will  normally be approved between six months to a year, by the USCIS. 


Can National Interest Waiver cases be expedited?


Yes, EB-2 national interest waiver petitions may be  expedited with USCIS Premium Processing.


What is the NYSDOT case, and how does it  relate to national interest waivers?


The New York State Department of  Transportation filed a national  interest waiver petition for a civil engineer  from India. Although the  NYSDOT was able to provide the USCIS with testimonials,  the case was  denied. This landmark case established that the NIW beneficiary’s   occupation is not enough substantiate a NIW claim. Thus, since the  National  Interest Waiver applicant was unable to show that  beneficiary’s skills greatly  surpassed that of U.S. workers with the  same minimum qualifications, labor  certification could not be waived on  the grounds that in was in the national  interest. Thus in NIW  applications, the petitioner has the burden of proof to prove  that  labor certification, a process that protects the interests of U.S.   workers, be waived. 


Since the 1998 case of “Matter  of New York State Department of  Transportation”, wherein the court applied a  new higher standard for  beneficiaries, similar to that of extraordinary ability,  national  interest waivers have become increasingly more difficult to gain  approval.


How much are your attorneys fees for preparing a national interest waiver case? 


Our law office charges $2,250 initially as a retainer fee, and  another $2,250 upon approval of the case, for a total of $4,500. This  does not include fees which must be paid by the applicant to the  government. 

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