National Interest Waivers
In certain instances, it may be appropriate for individuals to seek a National
Interest Waiver (NIW). In short, a NIW seeks exemption from the
PERM Labor Certification process and allows an individual to bypass this process and obtain permanent
residency without going through the cumbersome PERM process. Further,
a NIW enables an applicant to obtain permanent residence through self-sponsorship.
NIWs are difficult to obtain, and many factors are taken into consideration.
It is important to discuss your case with an experienced employment immigration
attorney to determine your chances of success.
Who is Eligible For a National Interest Waiver?
To apply for an NIW, you must have an advanced degree. You must also demonstrate
that your area of employment substantially benefits the United States
and that your work is "national in scope," among other factors.
Factors Considered in Granting National Interest Waivers
Many factors are taken into consideration in determining whether a NIW
should be granted. Factors considered include, but are not limited to:
improving the U.S. economy, improving wages for US workers, improving
education and program for US children, improving health care, creation
of affordable housing, improving the U.S. environment, and considering
the request of a US governmental entity.
An experienced Irvine immigration employment attorney can help determine
if you may be eligible for a NIW, and prepare the evidence needed to persuade
the Department of Labor in agreeing that you qualify for a NIW. Contact
our office today for a immigration consultation.