EB-2 NATIONAL INTEREST WAIVER

 

 

Applicants who can demonstrate that their employment in the U.S. would greatly benefit the nation are eligible to apply for a National Interest Waiver green card without the need for a petitioner or sponsor.

 

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

 

In addition to providing evidence of an advanced degree or exceptional ability (described in the boxes above), you must also meet  the 3 National Interest Waiver criteria below** in order to demonstrate that it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification.  

 

Requirements

 

Advanced Degree (Masters or higher) OR Bachelors degree + 5 years of progressive work experience; OR

 

Show Exceptional Ability by meeting 3 of the following criteria:

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability

  • Letters documenting at least 10 years of full-time experience in your occupation

  • A license to practice your profession or certification for your profession or occupation

  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability

  • Membership in a professional association(s)

  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

  • Other comparable evidence of eligibility is also acceptable.

 

AND

  • The proposed endeavor has both substantial merit and national importance in ; an

  • You are well positioned to advance the proposed endeavor; and

  • It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

 

If you would like to find out if you qualify for a National Interest Waiver, please call us at 310-730-5655 or click here to schedule a free consultation.