National Interest Waiver San Diego Attorneys

If you are seeking an employment-based green card, a second preference EB-2 visa may be the right choice if you have exceptional ability in your field or if you have an advanced degree in your field. You may request a National Interest Waiver (NIW) if you can prove that your work is important and will significantly benefit the United States.

Obtaining a National Interest Waiver allows petitioners to skip the labor certification process and bypass the requirement of having a permanent job offer and employer sponsor in the United States. Instead, those with a National Interest Waiver may file their labor certification through United States Citizenship and Immigration Services (USCIS) and self-petition for the EB-2 visa.

Requirements For National Interest Waivers

In order to receive a National Interest Waiver, you must provide documentation that the United States would benefit from your work as well as that you would otherwise qualify for an EB-2 visa. Specifically, your application needs to prove the following points:

  • You must prove that it would be in the interest of the United States to have you permanently live and work in the United States. Your work should benefit the nation to a greater extent than the work of others in your field.
  • The area you are working on has “substantial intrinsic merit.” Essentially, the work you are doing must be important, such as curing cancer or other diseases or developing a new technology that will help millions of people live better lives.
  • You must prove that the nation would be adversely affected if you were required to go through the Department of Labor’s labor certification process. Your work should be of such significance that it outweighs the possibility that your employment could negatively affect current U.S. workers in some way.
  • You must prove that you have an advanced degree or a Bachelor’s degree plus 5 years of experience. Alternatively, you can prove that you possess exceptional ability in your field. You may prove this by providing evidence of three out of seven of the following criteria:

* You have a degree in your field.
* You have ten or more years of experience in your field.
* You have a professional license.
* You command a salary that reflects your exceptional ability.
* You hold memberships in professional associations related to your field.
* You have been recognized by peers or public organizations for your significant contributions.
* You have other comparable evidence that you have an exceptional ability.

National Interest Waivers for Physicians

Trained physicians may apply for a National Interest Waiver when seeking an EB-2 visa. However, doctors must meet the following special requirements:

  • They must prove they have the qualifications, degrees, and experience needed to work as a doctor in the United States.
  • They must obtain a full-time job practicing in the United States for at least five years.
  • They must obtain a primary care position or a specialty position, including work as a family practitioner, a general practitioner, a pediatrician, an internist, an OBGYN, or a psychiatrist.
  • They must work in a geographic area that needs doctors, such as a Health Professional Shortage Area (HPSA), Medically Underserved Area (MUA), Physician Scarcity Area (PSA), Mental Health or Professional Area (MHPSA). They may also work for Veterans Affairs.

EB-2 Visa Attorneys Offer National Interest Waiver Assistance

At Feldman Feldman & Associates, PC, we can help you determine if your employment in the United States is in the national interest of the country and if you could apply for an EB-2 NIW successfully. We will guide you through every step of the process, from helping you secure the evidence for your case to drafting the cover letter and application forms themselves. To learn more about our services, and employment-based green cards, or to speak with a San Diego immigration attorney, contact us today.