Understanding National Interest Waivers

Rodney Malpert is an immigration law expert who draws upon more than three decades of experience. Since 2008, he has served as a partner at Phoenix, Arizona based law firm Fragomen, Del Rey, Bernsen & Loewy. In the course of his duties Rodney Malpert deals with multiple aspects of immigration law including National Interest Waivers.

A National Interest Waiver helps immigrants obtain lawful permanent residence in the United States without having to rely on a sponsor as an employer. Applicants are those who are considered to have exceptional ability and whose employment in the U.S. will greatly benefit the country’s key economic sectors. Traditionally, an EB-2 category green card process involves an employer who sponsors a foreign worker by offering them a permanent job in the U.S. after “testing” the labor market to determine if there are any U.S. workers who can do the job instead.

However, a National Interest Waiver can be granted by the USCIS (United States Citizenship and Immigration Services) if an applicant demonstrates their skills or expertise will greatly benefit the U.S. economy on a national scale. In this case, the EB-2 labor certification requirement is waived. Normally, labor certification involves employers placing job adverts using a structured process which can be both lengthy and expensive.

There are multiple legal requirements for an applicant to be considered for a National Interest Waiver. For starters, an applicant has to qualify for the EB-2 category visa and have an advanced-degree such as a Master’s, Ph. D or a Bachelor’s degree with five years of professional experience in their area of exceptional ability. In addition, applicants should have a license to practice in their area of specialty and be a member of one or more professional associations that admit members based on merit. They should also have been recognized in the past for their professional achievements and significant contribution to their career field.