What Is a National Interest Waiver?

You may be eager to contribute to the United States workforce. However, you may be finding difficulty locating a United States employer who is able and willing to sponsor you for an employment-based visa. This is when petitioning for a national interest waiver may prove beneficial. Follow along to find out the function of the national interest waiver and how a proficient green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C. can help you determine whether this application is worth it.

What is the USCIS’s purpose behind the national interest waiver?

In its simplest terms, a national interest waiver is a way to obtain an employment-based lawful permanent resident status without an employer sponsor. This waiver is specifically designated for those applying for an EB-2 visa, who usually need to undergo a labor certification process and fulfill a job offer requirement aligned with their advanced degree or exceptional ability. Those seeking this waiver may self-petition using Form I-140, Immigrant Petition for Alien Worker.

With that being said, this green card waiver may be relevant if you engage in a particular work that is of “national interest.” That is, if your work is deemed directly beneficial to the United States economy, education system, healthcare system, or any other aspect of American society. Ultimately, the United States Citizenship and Immigration Services (USCIS) may base your eligibility on the following factors:

  • Whether or not your proposed work endeavor has substantial merit and national importance.
  • Whether or not you are well positioned to carry out the proposed work endeavor.
  • Whether or not the United States would benefit from waiving the labor certification process and the job offer requirement.

What should I consider before applying for this waiver?

On its surface, it may seem like a no-brainer to proceed with the national interest waiver. However, this waiver may not be adaptable to every applicant’s unique set of circumstances. Without further ado, below are the advantages and disadvantages that you must carefully consider:

  • Advantages of a national interest waiver:
    • You may save time, money, and effort by skipping the labor certification process.
    • You may have the flexibility of starting your own company in the United States.
    • You may have the flexibility of changing United States employment in the near future.
    • You may extend your H-1B status beyond the six-year limit if you do not receive this green card on time, if applicable.
  • Disadvantages of a national interest waiver:
    • You may have a less predictable outcome than if you underwent the labor certification process.
    • You may have to prepare significantly more documentation to supplement this waiver.
    • You may have to undergo a longer premium processing timeline for this waiver.

In a way, the best thing you can do to help yourself is to let a talented adjustment of status immigration attorney in WI help you. So please, as soon as you are ready, get in touch with us at Sesini Law Group, S.C.

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