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Applicants seeking a national interest waiver are requesting that the PERM Labor Certification process be waived for the EB-2 and Eb-3 Visas because it is in the best interest of the United States. National interest waivers are granted to those who have met one of the advanced degree or exceptional ability standards AND whose employment in the United States would greatly benefit the nation.

In addition to providing evidence of an advanced degree and/or exceptional ability, an applicant seeking an NIW must meet these three additional criteria:

The National Interest Waiver (NIW)
  • 1) The applicant’s proposed endeavor has both “substantial merit and national importance”*;
  • 2) The applicant is well positioned to advance the proposed endeavor; and

 

  • 3) It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

Substantial Merit and National Importance

Examples of “Substantial Merit” include work and projects in fields of business, entrepreneurship, science, technology, culture, health, and education.

“National Importance” does not mean that the endeavor has to be national in scope, it just has to have national importance. For instance, a local endeavor can have national importance if it creates jobs in a deprived area.

 

Examples of a potential applicant who could qualify for a National Interest Waiver

 

Some examples of potential applicants are:

  • A physician wishing to practice medicine in an under-served area of the United States;
  • A scientist who has knowledge or expertise not otherwise easily found in the United States; and
  • A researcher whose findings could have a positive impact on the United States.

(Please note that every case is evaluated on its own merits; a prior instance of an application being approved is not a guarantee or accurate prediction of the outcome of a future case.)

 

To learn more about the National Interest Waiver for EB-2 Visa applicants and discuss your eligibility, please contact us.

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