Why Would I Want a National Interest Waiver?

A national interest waiver is something that can be petitioned for alongside a second-preference employment-based visa (i.e., EB-2 visa). That said, an EB-2 visa is a permanent work visa meant for those who possess an advanced degree and exceptional ability in the science, arts, or business. So, with already having an exceptional ability, you may feel stumped with how to further prove that you are also of national interest. Please continue reading to learn why you should look into a national interest waiver and how an experienced Lyndhurst PERM visa attorney at the Law Offices of Salvatore A. Falletta can help you apply for one.

Why would I want to apply for a national interest waiver?

Usually with the EB-2 visa, you must already have an employment offer by a qualified United States employer, along with Permanent Labor Certification (PERM). However, the national interest waiver eliminates these prerequisites to applying. Now, this may be advantageous to you, as a foreigner seeking permanent employment in the country, for the following reasons:

• The waiver may reasonably shorten the processing time for your EB-2 visa application.
• The waiver may give you more flexibility with choosing and changing jobs once you enter the country.
• This waiver may cut out the rather extensive steps toward getting labor certification.
• This waiver may cut out the rather expensive cost associated with getting certified.
• This waiver may not be based on the scarcity of qualified U.S. workers and thereby cut out the need for the labor market test.

How do I even know if I qualify for a national interest waiver?

According to the United States Citizenship and Immigration Services (USCIS), there are three determinations for who even qualifies for a national interest waiver in the first place. Firstly, you must have a proposed endeavor in the science, arts, or business with substantial merit and national importance. Secondly, you must be well-positioned to execute this proposed endeavor. Lastly, you must demonstrate that waiving the job offer and PERM prerequisites would be advantageous for the U.S.

As an example, say that you are a physician in your home country. Well, for a national interest waiver, you may launch a plan to treat underserved populations within the U.S. Then, you may emphasize that you have the experience and resources to make this plan successful (i.e., research, funds, medical equipment, etc). Ultimately, you must convince the USCIS that this plan will work in the best interest of the underserved population and that a job offer or labor certification is not necessary to enact it.

In conclusion, before entering the legal arena, you must retain the services of a skilled Lyndhurst employment immigration attorney. Reach out to the Law Offices of Salvatore A. Falletta today.