National Interest Waiver
Second Preference: EB2 Green card – National Interest Waiver (NIV)
Employment Based Visas lead to Lawful Permanent Residence (“Green Card”) . There are 140,000 employment based green cards for applicants who can prove that either they are the best in their field or whose labor or works skills are needed to fill the gaps and needs of the United States workforce.
Second Preference: EB2 Visa (Professionals With Advanced University Degrees or Persons of Exceptional Ability in the Sciences, Arts, or Business)
Applicants for EB2 Visas must file a Labor Certification Application with the Department of Labor called PERM unless the position is in the national interest of the United States, in that case a PERM requirement is waived (See National Interest Waiver below). There are approximately 40,000 EB2 Visas made available each year.
National Interest Waiver
National Interest Waiver (NIW) cases may be self-petitioned by the Alien or by an Employer. A Labor Certification (PERM) is not required. To qualify, the Applicant must have an advanced degree and make a strong showing that prospectively:
- The person 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 can include:
- Improving the US economy
- Improving wages and working conditions for US workers;
- Improving education and programs for US children and underqualified workers;
- Improving health care
- Providing more affordable housing
- Improving the US environment and making more productive use of natural resources
National Interest Waivers are available in many fields including physicians in medically underserved areas.
To see if you are eligible for a National Interest Waiver, contact Cipolla Law Group for a consultation.
