National Interest Waiver

Qualifications in National Interest Waiver

Our Team

The Shankar Firm was established on more than ten years of immigration experience. We have aided businesses in bringing in top talent from across borders, assisted employees in finding employment abroad, and helped immigrants reunite with their families. With that background, we feel particularly qualified to introduce the required level of technology into the American immigration procedures. We make immigration simpler by fusing a first-rate, technologically advanced consumer experience with top-tier immigration knowledge from our legal staff. Our cutting-edge services boost productivity without incurring significant costs, enabling us to provide a customer experience focused on personal relationships, trust, and compassion.

The Shankar Law Firm, which is made up of immigrants and people who are either first or second-generation Americans, has firsthand knowledge of the difficult immigration process. Our goal is to empower the immigrant community by offering compassionate, high-quality immigration services. A strong alternative for some exceptionally qualified individuals seeking a green card through self-petition is the national interest waiver (NIW). An authorized national interest waiver enables applicants to get a green card even in the absence of a work offer. It might take a long time and be challenging to obtain an employer-sponsored green card for the United States. In most circumstances, the American business must demonstrate that it tried to hire an American worker but was unsuccessful in doing so. The business is required to place ads, interview applicants, and then obtain U.S. clearance. For permission to hire a foreign worker, contact the Department of Labor. This procedure can become highly time-consuming, expensive, and intricate. Consequently, many firms are reluctant to sponsor the green card applications of foreign workers.

The good news is that you have a few choices for submitting a self-petition for a green card. This indicates that you can apply for your green card without having a work offer from a U.S. company or without having a company sponsor you.

The National Interest Waiver is one of these choices (NIW). The EB-2 immigration category offers the national interest waiver. Those with skills and competencies in the arts, business, sciences, and/or certain other professions may self-petition for a green card through the national interest waiver.

Advantages of NIW

Ability to Petition Oneself

The possibility to self-petition for your green card is one of the main advantages of the EB2 national interest waiver, as was already mentioned. You can avoid the difficulty of looking for a U.S. employer who will sponsor your immigrant petition by using the national interest waiver. Another advantage is that you can completely circumvent the labor certification process by using the national interest waiver.

Speed

The quickness of the process is one of the main advantages of the national interest waiver. The procedure through a conventional employer-sponsored green card can take a very long time. The company is required to engage in various forms of recruitment and receive a valid labor certification from the Department of Labor. The completion of this process alone can take many months. The advantage of the EB2 national interest waiver is that the labor certification procedure is not necessary. You can save a ton of time by submitting your immigrant petition directly.

National Interest Waiver Requirements

There are 4 main requirements to qualify for EB2 NIW:

You must qualify under the EB2 immigrant category
Your proposed endeavor in the U.S. must have substantial merit and national importance
You must be well-positioned to advance the proposed endeavor
You must show that, on balance, it would be beneficial to the United States to waive the requirement that you have a job offer and that a U.S. company undergo the labor certification process.

Qualify Under the EB2 Immigrant Category

Only applicants who fall under the EB2 immigration category are eligible for the EB2 national interest waiver. The NIW consists of additional requirements that go beyond those of the EB2. Therefore, you must first meet the requirements for EB2 to be eligible for a national interest waiver. There are primarily 2 approaches to meet the requirements for the EB2 category. As a professional with an advanced degree or as a person of outstanding ability, you may be eligible under EB2.

Advance Degree Professional

A professional with an advanced degree must demonstrate the following:

Your intended field of employment must necessitate an advanced degree.

AND

Any degree above a baccalaureate must be an advanced degree, OR you must have a baccalaureate degree plus five years of progressive job experience in the field you intend to work in.

Outstanding Capability

If you meet at least three of the following requirements, you may be eligible for EB2 based on extraordinary ability.

Ten years working full-time in your field
An education in your field
A professional license to perform your trade
Belonging to professional organizations
A salary or payment that reflects the great talent
Appreciation from colleagues, authorities, or commercial organizations for your accomplishments and important contributions to your sector.

Proposed American Initiative Be of Significant Merit and National Importance

You must show that your proposed undertaking has both significant merit and national significance to be eligible for a national interest waiver. It is crucial to demonstrate that both of these requirements are met clearly and convincingly.

Significant merit

The job you will be doing while in the United States must have “substantial merit,” which implies it must be relevant to the country’s interests. The precise endeavor on which you will be concentrating should be the focus of the proof of substantial merit. As an illustration, suppose you are an expert in pediatric orthopedic surgery, you should define the endeavor as pediatric orthopedic surgery rather than “medicine” or “surgery.”

You may show substantial merit in many different industries such as science, technology, entrepreneurialism, culture, health, business, or education.

Of National Importance

USCIS takes into account the potential future impact when considering whether your undertaking is of national interest. Indications of the following are sought by USCIS:
In your particular field, does your work have significance for the nation or possibly the world?
Does your project have a considerable chance of hiring Americans, or does it have other significant economic benefits?
In terms of national importance, it’s crucial to understand that USCIS is less concerned with the geographic impact of your project; individuals who will work in areas with local or regional impact may still be eligible for EB2 NIW.
You Need to Be in a Good Position to Advance the Proposed Project

To qualify for a national interest waiver, you must demonstrate that you are well-positioned to advance your proposed endeavor.

USCIS considers your capacity to advance the national interest through your anticipated employment in the field when considering whether you meet this condition.

The following criteria are used by USCIS to determine if you meet this requirement:

education
skills
knowledge
track record of success in comparable or related endeavors
simulate or plan for future actions
any developments in completing your suggested project
attention from prospective clients, users, investors, or other pertinent organizations or people

You are not necessary to demonstrate that it is more likely than not that you will succeed to meet this criteria. Instead, you should demonstrate your suitability for pursuing success.