National Interest Waivers

Who Is Eligible?

If you or a loved one is looking to immigrate to the United States under the Second Employment Based Preference Category (EB2), it is possible to be exempted from certain job offer and labor certification requirements through a National Interest Waiver. The individuals who are eligible for this exemption must be professionals with advanced degrees or aliens with exceptional ability.

Although the standards for being granted a waiver are high, it is possible to obtain one if you have the correct background and skillset. At USILaw, we are experienced in helping our clients with all steps of the National Interest Waiver process. From determining eligibility and preparing the correct documents to submitting the completed petition in a timely manner, our immigration lawyers can handle your application from start to finish.

In order to receive a National Interest Waiver, a foreign worker must present:

  • Evidence that he or she is working in a field of "substantial intrinsic merit" that is important to the national interests of the United States.
  • Evidence that the benefits of the proposed employment will be national, rather than simply local, in scope
  • Evidence that waiving the labor certification requirements for you would not negatively affect the wages and working conditions of U.S. workers in the same field.

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In addition to these minimum requirements, it is also important to submit letters from experts in your field of work or study that can show the importance of your work. You can also include awards, grants, and fellowships that you’ve been granted, magazine or newspaper articles highlighting your achievements, or even proof of citations of your published works. Our comprehensive immigration services can help you make sure that your petition includes all the necessary documentation and certifications.

For more information on the National Interest Waiver application process and your eligibility, contact our law firm now at (800) 335-8520!