Your Complete Guide to National Interest Waivers and EB1 Green Cards


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National Interest Waiver for Doctors and Scientists

If you are looking for an option to expedite the traditional immigration process filing for a National Interest Waiver may be an excellent option.

The National Interest Waiver (NIW) petition allows foreign nationals to bypass the cumbersome labor certification process which is typically required to obtain permanent residence through other employment-based permanent residence categories. In order to qualify for the National Interest Waiver, the following three requirements must be met. First, the applicant must be seeking employment in an area of substantial intrinsic merit. In other words, applicants must prove that there is something inherently beneficial about the work they propose to do in the United States. Second, the proposed benefit of the employment should be national in scope (i.e., beneficial to the entire nation). Third, the applicant must show that the national interest would be adversely affected if a labor certification were required. This last requirement is the most difficult to prove.

Call us at 800-753-1399 to find out whether or not you are eligible for a National Interest Waiver.
Read more about the National Interest Waiver

Some professions that qualify for such a waiver include: medical researchers, scientists, professors, engineers, and highly educated software developers responsible for state of the art innovations that have greatly advanced the field.
Filing for PERM labor certification is a lengthy and time consuming process. Those who qualify for the National Interest Waiver do not need to obtain labor certification to apply for permanent residency. Obtaining permanent residency through PERM requires one to submit employer’s sponsorship letter along with other documents, but if you qualify for the national interest waiver, you do not need to have this letter since you can self sponsor.

The National Interest Waiver (NIW) falls into the employment-based immigration second preference (EB2) category. A permanent job offer and approved labor certification are usually prerequisites to file employment-based immigration petitions. However NIW regulations allow the requirement of a U.S. job offer and the labor certification requirement to be waived for the sake of the national interest of the United States. And since the requirement of a job offer is waived, an individual may file for National Interest Waiver even if he does not have an employer sponsor.
Because of its lofty requirements, only a small percentage of foreign nationals qualify for the National Interest Waiver. However the select few who do meet the requirements do so because of their hard work, commitment, dedication, and high intelligence level. It is critical to retain an experienced NIW attorney who is able to thoroughly and persuasively present your qualities and achievements. The USCIS can only base their decision on what is provided to them in the petition, and only an experienced and qualified National Interest Waiver attorney can summarize and present the key information in a way that properly showcases the qualifications of the beneficiary.

EB-1 Extraordinary Ability, I-140 Petition

First Preference Classification Based on Extraordinary Ability

Doctors who are able to demonstrate extraordinary ability in the field of science may file an I-140 Petition without employer sponsorship, seeking the employment based first preference classification. If the doctor submits the petition without a sponsoring employer, the doctor must demonstrate that he or she is coming to the United States to continue work in his or her area of expertise. Evidence of such intent includes a letter from a prospective employer, documentation of prearranged commitments or a personal statement detailing plans on how the doctor intends to continue work in the United States.

Read more about the EB-1 Green Card

If you want to learn more about whether or not you qualify for a National Interest Waiver, EB-1 Green Card or other Green Cards, contact our office via email at info@doctorsimmigrationlaw.com or call 415-986-6186. An Attorney will personally evaluate your case when you contact our office. Kaushik Ranchod has extensive experience preparing waiver and work visa applications for physicians and scientists

Kaushik Ranchod has spoken at conferences and the radio (KPFA, F.M.) advising companies including health care facilities and individuals on the latest developments in immigration law. Recently, Mr. Ranchod lectured on Work Visa Options and Immigration Compliance at The 2008 National Summit on Employment Law and Compliance, and at the HRStar conference in Los Angeles.

He is an active member of the California State Bar and American Immigration Lawyers Association.

When you contact our office at 415-986-6186 an attorney will personally evaluate j1 waiver, or work visa and permanent residency immigration options.

We partner with clients throughout the 50 States

Immigration law is a federal practice; consequently, our offices are authorized to serve clients throughout the U.S. and at U.S. Embassies worldwide.

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Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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