National Interest Waiver – Immigration to the United States based on employment


Dev B. Viswanath, Esq. (Photo courtesy of Dev B. Viswanath, Esq.)

Certain foreign individuals who wish to work in the United States may be eligible for an employment-based second preference visa if they have a graduate degree or its equivalent, or have exceptional ability. Exceptional ability means having a considerably higher degree of proficiency than that usually found in the fields of science, art or business.

A national interest waiver petition falls under the second category of employment-based preference visa, that is, when a foreign employee requests that the work certification be lifted because it is in the best interests of the United States. There is no definition that makes it clear which jobs are eligible for a national interest exemption, but they are generally granted to foreign employees who have exceptional ability and whose employment would benefit in the United States. A foreign employee does not need to have both a graduate degree and an exceptional ability, it can be either. Foreign employees can apply for a national interest waiver on their own and do not need an employer for the waiver.

Wavier national interest supporting documents are very important and essential for submitting a successful waiver request.

There are a few important factors that are taken into account in determining whether a foreign employee will be granted a national interest waiver:

* Whether the admission of the foreign employee will be beneficial to the US economy;
* Whether the admission of the foreign employee will improve the working conditions and wages of American employees;
* Whether the admission of the foreign employee will improve training and education programs; and
* If admission of the foreign employee is requested by an interested US government agency.

Dependents of EB-2 visa holders, their spouses, and children under the age of 21 may be eligible for derivative immigrant status.

The National Interest Waiver (NIV) allows for a much faster process to obtain a green card, removing the certification step of working with the Department of Labor and the obstacle of having to recruit for the position.

If you or someone you know has gained wide recognition in a particular field of study that you believe fits with what we have described above and would like to learn more, please consult with an experienced lawyer.


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