National Interest Waiver – EB-2 – Green Card – FAQ

Q: What is the National Interest Waiver?

A: An alien may apply for permanent residence status (Green Card) and seek a waiver of the offer of employment by establishing that his (her) admission to permanent residence would be in the National Interest.

There is no rule or statutory standard as to what will qualify an alien for a National Interest Waiver. The USCIS considers each case on an individual basis.

The procedure is to file the case with evidence to establish that the alien’ s admission to the United States for Permanent Residence would be in the national interest.

Q: Who qualifies?

A: Factors that have been considered in successful cases include:

The aliens admission will improve the U.S. economy.

The aliens admission will improve wages and working conditions of U.S. Workers.

The aliens admission will improve educational and training programs for U.S. children and underqualified workers.

The aliens admission will provide more affordable housing for young, aged, or poor U.S. residents.

The aliens admission will improve the U.S. environment and lead to more productive use of the national resources.

The aliens admission is requested by an interested U.S. government agency.

Many of our cases in which National Interest Waivers have been approved were supported by affidavits from well-known, established and influential people or organizations.

For example, an application being submitted for a scientist should contain affidavits from leading scientists, representatives, and from other organizations associated with the type of research to be pursued.

Documenting past achievements, as well as proof that the alien has already created jobs, turned around a business or created an increase in exports or other economic improvements should prove instrumental in gaining approval.

Q. What Is An Advanced Degree?

A: According to the U.S. Citizenship and Immigration Services (USCIS) regulations, an “advanced degree” means any U.S. academic or professional degree or a foreign equivalent degree above that of baccalaureate.

A U.S. baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master’s degree.

Q: Do I need an employer or a job offer in the U.S.?

No you do not. The National Interest Waiver may be self sponsored. A job or job offer from a U.S. employer is not required.

Q. What if I am still pursuing my PhD. Can I still be approved for the National Interest Waiver?

Yes. As long meet the requirements laid out in Matter of Dhanasar you are eligible to file and be approved for the National Interest Waiver.

Q. Must I reside in the U.S. in order to qualify for the NIW?

No, you are not required to reside in the U.S. You may apply whether you live in the U.S. or abroad.

Q: How many letters of recommendation do I need for a successful NIW petition?

There is no minimum number of letters of recommendation required. We normally suggest five to seven letters of recommendation be included in the NIW filing to USCIS.

 


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