Characteristics of National Interest Waivers
- An EB2 visa ordinarily requires a permanent job offer and a Labor Certification. The permanent job offer, and by extension, the Labor Certification, can be waived if it is in the national interests of the United States.
- Because the permanent job offer requirement will be waived if the waiver is approved, a foreign national can file this petition on his or her own behalf, though employers may file as well.
- Workers that qualify for this waiver typically have an advanced degree and can prove an exceptional ability beyond that of US workers with similar qualifications.
- This ability must represent some exceptional potential benefit to the US as a nation, to establish that the lengthy process of Labor Certification is not in the best interests of the United States.
- The standards for these waivers is very high, making them quite difficult to obtain.
- The standards can vary depending on which facility of the US Citizenship and Immigration Services is handling the petition.
National Interest Waivers can be particularly difficult to acquire successfully, because the standards applied are lofty and open to interpretation. If you believe you might qualify for this waiver and would like to pursue an application, contact us to discuss your case and put our expertise and experience to work on your behalf.
Immigration law is the sole practice area of our firm, and our staff of attorneys has repeatedly achieved success in petitioning for travel and immigration visas under extremely challenging circumstances. Based on our knowledge, we will help you build a strategy to achieve your goals. Call us for a phone consultation or meet with us in person at one of our three west coast offices described below.