National Interest Waiver Attorney
The lawyers of Ware | Immigration, with offices across the country, bring a wealth of experience, knowledge and passion to our cases. With more than 50 years of experience, our attorneys focus exclusively on immigration law, which allows us to stay abreast of ever-changing laws and provide our clients with successful solutions to meet their immigration goals. If you are seeking an EB-1 or EB-2 immigrant visa and need a national interest waiver, we have the experience to help you. Call 866-833-8308 to schedule a consultation with an attorney from Ware | Immigration.
EB-1 And EB-2 Visa Application Process
For individuals of extraordinary ability, outstanding researchers and professors and multinational managers and executives, immigration through the first preference (also known as EB-1) is available. Individuals who quality for an EB-1 visa do not require a specific job offer, but outstanding professors and researchers, as well as managers and executives, must have a job offer that meets certain requirements. All types of EB-1 priority worker applicants need to show evidence of their abilities and accomplishments by meeting the extensive requirements laid out by United States Citizenship and Immigration Services (USCIS).
For those who do not qualify for the EB-1 visa, the EB-2 second preference immigrant visa is often a viable option. The EB-2 visa is for professionals holding advanced degrees and individuals of exceptional ability. Advanced degree holders need to show documentation of their advanced degrees (or documentation of a bachelor’s degree and five years of equivalent work experience in the related field). Those with exceptional ability need to show that they possess “a degree of expertise significantly above the ordinary encountered in the sciences, arts or business.”
National Interest Waivers
Successful EB-2 visa applicants need to have labor certification. The exception to this rule involves the national interest waiver, which waives the labor certification requirement for those applicants who can show that their entry to the country would greatly benefit the country. According to USCIS, those seeking EB-2 visas and national interest waivers also need to demonstrate evidence of at least three of the following:
- 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
Successful applicants for the National Interest Waiver must demonstrate that:
- the foreign national’s proposed endeavor in the United States has both substantial merit and national importance;
- the foreign national is well positioned to advance the proposed endeavor; and
- on balance, it would be beneficial to the United States to waive the requirements of the labor certification process, and thus the requirement of a job offer.