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NATIONAL INTEREST WAIVER

Take Control Of Your Immigration Future

NATIONAL INTEREST WAIVER

Over the years, the United States has benefited greatly from the contributions of immigrants with exceptional talents and abilities. These extraordinary people have been indispensable assets for the development of our national economy and government. Because of the valuable work these immigrants do, they may be eligible to apply for a green card through the National Interest Waiver. The key to successful use of the National Interest Waiver’s benefits is being able to establish your eligibility for it. A good National Interest Waiver (NIW) lawyer or National Interest Waiver (NIW) attorney can help you gather the necessary paperwork to apply for the NIW without any complications.

What is the National Interest Waiver?

A National Interest Waiver is one way an immigrant can obtain lawful permanent resident status in the United States. Lawful permanent resident status allows an individual to stay in the U.S. permanently and seek employment, own property, and obtain a social security number, along with other benefits. It differs from U.S. citizenship because it does not allow you to run for public office, vote in elections, and petition for non-immediate family members to join you in the U.S. Lawful permanent residents will be given a green card or Permanent Resident Card upon approval of their application.

There are multiple work-related methods for obtaining permanent resident status, such as being part of the EB (employment-based) categories for “preference immigrants.” Immigrants who are part of the EB categories are high-value workers who have demonstrated a high amount of skill in academics, business, and the arts. Applicants under a National Interest Waiver are considered part of the EB-2 category.

EB-2 applicants possess advanced degrees and must demonstrate their exceptional ability by providing documentation such as industry awards, association memberships, professional licenses, or letters documenting at least 10 years of experience in your profession. Usually, EB-2 immigrants must also provide a labor certification from an employer. Labor certifications show U.S. Citizenship and Immigration Services that you have a waiting job offer, that there are no U.S. workers who are qualified to fill the position you are being hired for, and that hiring a foreign worker will not affect the working conditions of U.S. workers in your position. In other words, you need to be sponsored by an employer so that you can obtain a green card.

However, the National Interest Waiver allows you to forego the requirement of a job offer and a labor certification by showing that it is in the country’s best interests to waive those requirements. By proving that your work has “substantial merit and national importance” and that you are in a position to advance the national interest through your work, you can make it easier to obtain a green card and lawful permanent resident status.

It’s important to note that your EB-2 priority date must be current for your I-485 Form (application for a green card) to be submitted. Immigrants from China or India will have to wait a while before their EB-2 priority date becomes current. However, there may still be advantages to filing a National Interest Waiver Green Card application. If you are a Chinese or Indian immigrant in the EB-2 category, please contact us for more information.

How a National Interest Waiver Attorney
Can Help You

As you can imagine, obtaining a green card through a National Interest Waiver can be a competitive and complicated process. You’ll need to ensure that all of your documents are in order and that they provide adequate evidence for how you meet the necessary criteria. An experienced National Interest Waiver lawyer can help you make the best case for your eligibility by analyzing your work history and helping you prove that your work is important to the national interest.

At Sadri Immigration Law, we are passionate about helping immigrants fulfill their dreams and display their talents to society. If you need a San Jose National Interest Waiver attorney or a legal expert who can help if you live in San Francisco and other parts of the Bay Area, contact us today. We are available to help applicants who are eligible for the National Interest Waiver, as well as other EB category applicants.

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