EB-2 National Interest Waiver

 

Main Advantages – The NIW process allows certain professionals to bypass the standard labor certification process altogether thereby enabling permanent resident status to be obtained more quickly. These professionals may also self-petition without a permanent offer of employment for those areas in the U.S. national interest. Otherwise, such professionals seeking permanent residency must first obtain a permanent job offer and be the beneficiary of an approved labor certification.

National Interest – The foreign national’s qualifications must rise to such a level that requiring a U.S. employer to go through the labor certification process would be adverse to the country’s national interest. Since the term “national interest” is not defined specifically in the regulations, case law primarily focuses on three factors in determining national interest:

  1. The foreign national’s employment must be in an area of “substantial intrinsic merit;”
  2. The foreign national must show that his/her benefit will be “national in scope;” and
  3. The foreign national must benefit the U.S. to a “substantially greater degree” than available

people with the “same minimum qualifications.”

Evidence – The U.S. government requires extensive supporting as proof of eligibility. Because every individual’s area of expertise and contributions are unique, we assist the applicant with identifying the available evidence, which can be in the form of:

  • Recommendation letters from industry leaders/professors,
  • Published articles from or about the individual,
  • Patents,
  • Prestigious awards,
  • Professional association memberships,
  • Third party citations in academic journals, y
  • Peer work review.

Fields of National Interest – While the NIW process is open to any professional, successful applicants have typically been employed in the following positions: Engineers, Post-doctoral fellows, Scientists, Physicians, Researchers, and Executives.

Presentation – In addition to what evidence is submitted to the U.S. government, the key to a successful NIW petition is how the evidence is presented to isolate the area of national interest that most closely matches the individual’s field and show that the individual’s area of expertise and contributions will substantially benefit the U.S. Organizing the supporting materials and providing a well-written legal analysis can significantly enhance the chance of success.

Our Expertise – We provide a thorough evaluation of the applicant’s case by identifying its strengths and weaknesses as well as discussing strategies on how to increase the chance of success. We also actively support the individual throughout the application process by conducting information gathering sessions, coordinating the collection of evidence, guiding and reviewing recommendation letters from experts, and preparing a comprehensive cover letter that persuasively explains the individual’s NIW eligibility.