The Mystery of National Interest Interest Waiver Green Card!!!!
What is “National Interest “?
The National Interest waiver, waives requirement of a labor certification and the necessity of having an offer of employment, but it does not waive the basic “entry“ requirements for second preference classification. Therefore, only after the second preference (EB2) threshold is satisfied can a National interest waiver be considered.
Three factors must be considered when evaluating a request for a NIW.
- Area of Substantial Intrinsic Merit
- Proposed Benefit of National Scope
- Significant Benefit in the “National Interest“ Field
The Immigration Act of 1990 states that the standards for a national interest waiver under the EB-2 category are “significantly above that necessary to prove prospective national benefit“.
Other than that, the law does no indicate specifically what counts for National Interest. USCIS believes it appropriate to leave the application of this test as flexible as possible. The burden of proof will rest with the foreign national to establish that exemption from or waiver of the job offer will be in the national interest. Each case will be judged on its own merits.
We have found that the range of cases and decisions indicates that the government requires a fairly direct benefit to the community-at-large before it will agree that a job is in the national interest. Factors that have been considered in successful cases include:
- The foreign person’s admission will improve the U.S. economy.
- The foreign person’s admission will improve wages and working conditions of U.S. workers.
- The foreign person’s admission will provide more affordable housing for young, aged, or poor U.S. residents.
- The foreign person’s admission will improve the U.S. environment and lead to more productive use of the national resources.
Applying these criteria, or variations involving other factors such as cultural enrichment.Generally, the USCIS Service Centers has ruled national interest in an array of occupations, including: Reserchers in medical and chemistry, corporate vice-president; computer programmer; anthropology professor; and amazingly enough a mall general manager.
- Higher Approval Rate for Science Field: Historically, there has been a higher approval rate for scientific occupations and a lower approval rate for social science applications. Some artistic fields may also be successfully included in this category.
IF YOU BELIEVE THAT YOU MAY MEET SOME OR ALL OF THE ABOVE CRITERIA OR YOU ARE NOT SURE BUT YOU DO POSSESS PAST CREDENTIALS AND QUALIFICATIONS IN ANY SCIENCE FIELD FOR EXAMPLE BUT NOT LIMITED TO BIO MEDICAL, MEDICAL OR CHEMISTRY OR PHYSICS OR STATISTICS OR MICROBIOLOGY DISEASE RESEARCH ETC, DO NOT LET THE OPPORTUNITY DIE AND TAKE ACTION TODAY TO TAKE ADVANTAGE OF THE EXPERTISE, EXPERIENCE AND DILIGENCE OF NEW YORK CITY BASED IMMIGRATION ATTORNEY HUMA KAMGAR, ESQ.,
HUMA KAMGAR, ESQ.,
305 BROADWAY, 14TH FLOOR
NEW YORK, NY 10007
CALL NOW FOR AN APPOINTMENT:
contact Immigration Attorney NYC :
Huma H. Kamgar, Esq.,