Immigration Services

Immigration Services

Green Cards

National Interest Waiver Immigrant Visa Petition

In order to qualify for a waiver of the labor certification requirement in the employment-based second preference category (EB-2), you must demonstrate that your work in the field of sciences, arts or business will “substantially benefit prospectively the national economy, cultural or educational interest, or welfare” of the United States. Also, you must either hold an advanced degree (i.e., Master’s degree or higher, or Bachelor’s degree and at least five (5) years of experience), or prove that you have exceptional abilities in your field. This is a high legal standard, and we will carefully evaluate your credentials before proceeding with the case.

The legal standard for the National Interest Waiver classification can be demonstrated by showing that you:
  • Work in an area of "substantial intrinsic merit"
  • Provide a benefit that is national in scope; and
  • Serve the national interest to a greater extent than other persons with the same level of education, training, and/or experience.
While you may self-petition for the NIW, in addition to meeting the criteria above, you must also show that you will be working in your field of expertise once your permanent residence it granted. In that regard, you need to show that you are either currently employed or have prospective employment offers in your field.

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