What is a National Interest Waiver?
Foreign nationals hoping to come to the United States to work usually need a job offer in hand. Their employer must also receive a labor certification before they can come to the U.S. and begin working. Obtaining a national interest waiver is an exception to these requirements. At The Law Office of Jason M. Sullivan, PLLC, we engage in detailed strategic immigration planning, and we can discuss whether you can receive an employment-based green card without a job offer. If you dream of coming to the U.S., then you should consider all options. A national interest waiver might be the ticket you need.
When Can You Request a National Interest Waiver?
Historically, the U.S. has been eager to bring educated professionals to the country. Normally, the way to obtain an employment-based green card is to obtain a job offer first. Your employer then will need to receive a labor certification which shows that the job cannot be filled by a U.S.-based worker.
However, a national interest waiver is an option for certain professionals who have an advanced degree (such as a master’s degree) or exceptional ability in business, arts, or sciences. In certain cases, the government will waive the usual requirements because it is in the national interest to do so.
The focus is typically on the importance of the applicant’s work. For example, a scientist with a long record of publications could be a good fit, as could be a world-known artist or writer. These individuals do not need an employer to sponsor them; instead, they can self-sponsor.
Some supporting evidence includes:
- Awards
- Publications
- Education
- Business success
- Patents or other inventions
- Letters from experts in your field
We often see scientists, engineers, doctors, university professors, public health professionals, and other accomplished individuals seek the national interest waiver. Often, they work in fields where there is a shortage of available workers, so the U.S. is eager for them to move here.
Is This an Option for You?
Attorney Sullivan works with many foreign nationals to devise a plan to come to the U.S. legally to work. Ideally, you should reach out to an experienced lawyer who knows how to engage in detailed planning.
Too many people come to the U.S. on a visitor’s visa and then try to work, which is prohibited. However, applying for a regular employer-based green card can be time consuming and lead to delays. Based on your accomplishments, applying through the EB-2 category could be the better choice.
Each situation is unique. At our law firm, we avoid “off the rack” immigration solutions that might not work for everyone. For example, seeking a national interest waiver could be ideal if you hope to work for several different employers in the U.S.
Call to Schedule a Consultation
Strategic immigration planning requires thorough knowledge of the law and the ability to weigh benefits against costs. Contact The Law Office of Jason M. Sullivan, PLLC to schedule a no-risk consultation with an experienced Portsmouth, New Hampshire or Miami, Florida immigration lawyer today.
Source:
uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2