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How to Successfully Frame a National Interest Waiver Application for Employment-Based Immigration

Posted by Kripa Upadhyay | May 03, 2021 | 0 Comments

How to Successfully Frame a National Interest Waiver Application for Employment-Based Immigration

If you're seeking permanent residency in the United States, you may be curious about the possibility of a National Interest Waiver (NIW). This application provides sanctioned individuals with a direct path to a green card without going through the time-consuming and often tricky labor certification process. So, what exactly is a National Interest Waiver, what are its advantages, and how can you successfully frame your application for the best chances of success?

In simple terms, those applying for an EB-2 Visa for immigration into the United States can sidestep the PERM Labor Certification process by applying for a National Interest Waiver. An NIW gives owners permanent residence without an employer as a sponsor. If you're approved, it means the government deems your work beneficial to the United States economy, education system, health, or another aspect of society. However, demonstrating that you qualify for this type of visa requires strategy and forethought. Here's what you need to know.

What is a National Interest Waiver?

Ordinarily, if you're applying for an EB-2 category green card, your employer must sponsor you by offering you a permanent job. However, this can only be done after they've tested the labor market first to see if any qualified U.S. workers are available. This process—known as labor certification—involves a rigid, lengthy, and expensive set of steps. To make matters worse, even after navigating these steps, the government can still deny your application if they find that the employer identified a suitable U.S. worker but refused to hire that person.

Fortunately, the National Interest Waiver is a way of sidestepping this process, and applying for an NIW means you're requesting that the Labor Certification aspect of your application be waived. To qualify, you must demonstrate to the United States Citizenship and Immigration Services (USCIS) that your work is so vital that it truly offers essential benefits to the United States and that there's no need to give priority to a U.S. worker.

How to Apply for a National Interest Waiver for the Best Chances of Success

Those who typically qualify for the National Interest Waiver have “exceptional ability,” meaning a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. Exceptional ability may mean an academic record proving that you have a degree, documentation showing that you have at least 10 years of full-time job experience in your field, membership in professional associations, and achievements or awards. Here's what else is required and the crucial steps you must take to position yourself for the best chance of success: 

  • Your job has substantial merit and is of national importance: Think about the interests and objectives of the United States and its citizens. Does your work further this goal? If so, how exactly does what you do on a day-to-day basis help move the needle?
  • You're well-positioned to succeed: This can be demonstrated through your experience, education, record of success, and other factors. It may help you to obtain college letters from former colleagues, clients, and employers to demonstrate your significant role in these endeavors to show you're well-positioned to advance future efforts.
  • It would assist the United States to waive the labor certification: One of the critical criteria in this evaluation is whether qualified U.S. workers are available and whether the country would benefit from foreign national contributions. A lawyer will best be able to help you frame this part of the application.

For the best chance at approval, it's crucial that you get in touch with an experienced Seattle Immigration attorney at Orbit Law as soon as possible. A lawyer at our firm may be able to relieve some of the stress that comes with applying for a National Interest Waiver and help you reach the best possible conclusion in your case. The process can be daunting, but your application may be successfully framed and accomplished in relatively short order with our advice and assistance.

Contact an Experienced Seattle Immigration Attorney for Help with Your National Interest Waiver Application

Obtaining a visa for employment-based immigration in the United States can be complicated, especially if you seek the approval of a National Interest Waiver. At Orbit Law, our team is committed to standing by your side throughout the application process. We understand the importance of reaching your goals and obtaining the right to legally work in the United States. We're dedicated to ensuring that your application is framed for the best chances of success.

At Orbit Law, our attorneys have extensive knowledge and training in immigration laws, and we remain committed to helping you complete the immigration process. We've assisted many clients looking to obtain permanent U.S. residence through a National Interest Waiver, and we're excited to help you through this process. To schedule a consultation, give us a call at (206) 312-8086 or complete our online contact form today.

About the Author

Kripa Upadhyay

Kripa Upadhyay Founder/Attorney [email protected] EDUCATION Seattle University School of Law, Seattle, WA, Juris Doctor (JD)  May 2007 ADMISSIONS Washington State Bar Association: Admitted May 2008 U.S District Court for the Eastern District of Washington: Admitted 2009 U.S...


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