EB2 National Interest Waiver Green Card

Generally, applicants for EB2 category are required to file a Labor Certification Application with the Department of Labor called PERM and a permanent offer of employment in the U.S. is required as well as prerequisites to the filing of the EB2 employment based category.  However, according to the Immigration Act of 1990, such requirements can be waived if the underlying job is in the interest of the United States. To qualify, the applicant must prove that the benefit his/her unique skills would provide substantially outweighs the inherent national interest in protecting U.S. workers through the labor certificate process.

Definition of “National Interest”
The term “national interest” is not defined in the statute or the regulations and Congress did not provide a specific definition in the relevant legislative history.  Nevertheless, there has been precedent decision issued concerning the requirements of NIWs and to qualify, the Applicant must have an advanced degree or its equivalent and make a strong showing that prospectively:

  • he/she seeks employment in an area of substantial intrinsic merit;
  • the benefit will be national in scope; and
  • the national interest would be adversely affected if a labor certification were required.

Other factors include:

  • improving the U.S. economy;
  • improving wages and working conditions for U.S. workers;
  • improving education and programs for U.S. children and underqualified workers;
  • improving health care;
  • providing more affordable housing;
  • improving the U.S. environment and making more productive use of natural resources etc…

To find out if you are eligible for a National Interest Waiver, contact Cipolla Law Group for a consultation.

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