Getting permanent residency (a green card) through your employer can be a lengthy and difficult process. Most of this is attributed to the PERM (Program Electronic Review Management) process, which can take upwards to one year or more. Furthermore, along with the PERM (labor certification and prevailing wage determination) process, immigrants already need to have a permanent job offer.
Yet, for some immigrants, they can skip the requirements of the labor certification, prevailing wage determination, and even a permanent job offer through a waiver. This waiver is known as the National Interest Waiver (NIW). It is under the second preference EB-2 category (Employment Based – 2).
Immigration requires that those applying for this waiver must illustrate that they are eligible for a green card and should be waived of the normal requirements for the national interest of the country.
The first requirement is that the applicant have an “advanced degree” or “exceptional ability” in the sciences, arts, or business.
Secondly, the applicant must effectively demonstrate through a high burden of evidence that his or her work has substantial merit and national importance.
Third, the applicant must show that their background and skillset illustrate that they are well-positioned to advance their work of substantial merit and national importance.
Fourth, the applicant must demonstrate that the United States would benefit to waive the standard requirements of a job offer and labor certification.
Keep in mind, that every National Interest Waiver submission is deliberated on a case by case basis. The burden of proof is on the applicant to establish that they should receive the exemption from the labor certification process and that it would be in the national interest of the United States.
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Immigration law can be complicated and this article does not cover all the issues regarding the National Interest Waiver. These cases can be extremely complex, and a single misstep could potentially lead to a deportation or other immigration penalties. If you have any questions regarding your immigration case, please do not hesitate to contact our office.
Call our law firm to consult with an immigration attorney today at: (949) 478-4936.