Kurzban Kurzban Tetzeli & Pratt | Attorneys At Law

What is a national interest waiver?

On Behalf of | Feb 13, 2023 | Immigration |

As you undoubtedly know, there are many benefits to becoming a legal permanent resident of the U.S. Still, obtaining a green card is not always easy, especially if you must find an employer to sponsor you. With a national interest waiver, though, you may be able to secure permanent residency without an employer’s help.

Essentially a subset of the EB-2 category, a national interest waiver fast-tracks your permanent residency process because making you a permanent resident is in the national interest. Still, not everyone qualifies for the waiver.

The traditional labor certification process

Most EB-2 applicants must go through the labor certification process. According to the U.S. Department of Labor, the labor certification process proves there are no minimally qualified U.S. workers who can do the job a foreign national proposes to do. It also requires an employer to sponsor the foreign worker.

A different approach

If you want to apply for a national interest waiver, you can take a different approach. That is, you do not have to have either a job offer from a U.S. employer or a labor certification from the U.S. DOL. You must, however, have either an advanced degree or exceptional ability. Additionally, each of the following must be true:

  • Your intended endeavor must have national importance and be substantial.
  • You must be in a good position to advance the endeavor you propose.
  • The U.S. must benefit from waiving the labor certification and job offer.

Ultimately, if you can complete a compelling application that satisfies the U.S. Citizenship and Immigration Services, applying for a national interest waiver might streamline your legal permanent residency process and benefit the U.S.



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