EB-2 National Interest Waivers

Overview:

National Interest Waivers allow for immigrants to obtain permanent residency by demonstrating that their employment in the United States will be in the national interest. National Interest Waiver recipients need not complete a labor certification and do not need a permanent offer of employment.

Eligibility:

National Interest Waivers are available to individuals who have exceptional ability or who have an advanced degree. Applicants do not need a permanent offer of employment and must demonstrate that their position will be in the national interest.
National Interest Waiver recipients benefit by not being required to complete a labor certification.

Qualifications:

An immigrant seeking to gain permanent residency as a EB 2 recipient through the national interest waiver must demonstrate that:

The area in which the foreign national seeks employment is of substantial intrinsic merit;
The prospective benefit of the foreign national’s services is national in scope; and
The national interest would be adversely affected if a labor certification were required. That is, the foreign national will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.

After Obtaining Permanent Residency:

Citizenship: After five years of permanent residency, a national interest waiver recipient may be eligible to become a naturalized U.S. Citizens.

Travel Abroad: After obtaining permanent residency, a national interest waiver recipient may be able to freely travel abroad. However, care must be taken to ensure that the permanent resident does not “abandon” his or her permanent residency by staying abroad for a significant amount of time.

More Information:

If you think you may be eligible for a National Interest Waiver as a professional with exceptional abilities, please contact Gafner Law Firm. Additionally, more information is available at the USCIS website.