Texas and the National Interest Waiver: What Candidates Need to Know

What is a National Interest Waiver (NIW)?

There are several legal options for foreign nationals looking to immigrate to the United States for purposes of employment and business. Usually, the process of getting an employment green card can be a long and difficult ordeal. In the majority of such immigration cases, a U.S. company must provide evidence that they tried to hire a US worker for their job opening but failed to do so. In this failure to find a US worker, The US company may be allowed to employ a worker from another country. However, there are certain means by which a foreign alien may be able to self-petition for legal immigration to the United States on the grounds of employment or business opportunities. One such possibility is the national interest waiver (NIW), which is available under the EB-2 immigration category.

With a national interest waiver, certain individuals with unique skill sets and abilities in the fields of science, business, arts, and other professions may be able to self-petition for legal permanent residence (a green card). Whereas most other foreign workers coming to the US require a full-time job offer or a US employer to sponsor them, these requirements are waived with the national interest waiver.

What Are the Benefits of the EB-2 NIW?

There are several benefits to the EB-2 national interest waiver program. Perhaps chief among the several benefits is the ability to self-petition. You do not need to go through the hassle of getting a job offer or securing the sponsorship of a US employer to pursue this type of employment immigration. You can also avoid the labor certification process altogether.

The speed of the process for national interest waivers is also a benefit for eligible candidates. Traditional employer-sponsored green cards have a long processing time. For most employer-sponsored green cards, the US employer must go through various recruitment efforts prior to being approved by the Department of Labor to hire foreign workers. By filing your immigration petition yourself, you can save a lot of time.

Also, there may be immigration benefits for your family members. To learn more, please contact our immigration law firm.

Are you a Candidate for an EB-2 Green Card?

In order to determine whether or not you qualify for a national interest waiver as an entrepreneur or uniquely skilled individual, you must meet several basic criteria. You must either be an ‘advanced degree professional’ or an ‘alien of exceptional ability.’

You must be able to prove that your proposed endeavor or skill set has substantial merit and could be of national importance to the United States. Additionally, you must establish that you are well-positioned to achieve your proposed business or employment endeavors. With the help of immigration attorneys, you will show that it would be beneficial to the United States for the country to waive the requirements that you either have a full-time job offer or a US employer sponsor you so that you can forego the labor certification process.

To qualify as an advanced degree professional, you must plan to work in a field that requires an advanced degree. Additionally, you must possess an advanced degree or otherwise have a bachelor’s degree plus five years of work experience in the field.

In order to qualify for an EB2 visa under the category of an alien of exceptional ability, you must satisfy at least three of the following criteria:

• Are a member of professional associations.
• Have a license to practice in your chosen profession.
• Have a salary that demonstrates your exceptional ability.
• Have at least a decade of full-time experience in your field.
• Possess a degree in your field.
• Your peers (or government entities and professional business organizations) have recognized your achievements and contributions to your field.

What Documents Are Required to Apply for a National Interest Waiver?

The most essential documents for an NIW petition are Form I-140 and Form ETA-750B. Additionally, the immigrant applicant must provide evidence showing that they are an advanced degree professional or an exceptional ability alien.

According to regulations, there are no other additional documentation requirements for every case. However, certain additional paperwork may be required on a case-by-case basis.

It is recommended that you have an experienced immigration attorney draft a petition for you, and it is also advisable to obtain at least three letters of recommendation from prominent members of your field. Additionally, university transcripts, publications, awards, licenses, certificates, pay stubs, and other credentials could help your case tremendously.

What is the 3-Step Prong for NIW Applicants?

In order to qualify for a NIW, you’ll need to prove that your proposed role fulfills the following three prongs:

• It would be beneficial to the United States to waive the Department of Labor certification of the EB2 category.
• The applicant is well positioned, based on their experience and their collected credentials, to carry out their proposed employment or business endeavors.
• The field of study and proposed endeavors would have an important impact on the United States. The impact doesn’t need to be quantifiable, at least not initially. But it should be notable.

Are There Any Fees Involved?

There are several potential fees involved in applying for a national interest waiver. Form I-140 Is connected to a fee of $700.

If the applicant is already living in the US, they will need to pay a filing fee with form I-485. They will also need to cover the expenses for a medical exam.

If living abroad, the applicant will need to file via consular processing. This comes with a fee of $345.

For more information, please contact our law firm.

Contact Us to Schedule an In-Depth Case Evaluation Today

The national interest waiver petition is part of the employment-based, second-preference immigration category of the United States Citizenship and Immigration Services (USCIS). There are several eligibility requirements for those seeking to apply for a national interest waiver.

You should work with immigration attorneys for legal guidance before you apply for the waiver. Our law firm has extensive legal experience helping interested parties immigrate to the United States legally by way of employment-based immigration.

To learn more about our legal services, please contact our law firm to schedule your initial consultation today. You may get in touch with us at 214-393-4917.