LEGAL DISCLAIMER: The information on this website is not legal advice and does not constitute any agreement by Bordeau Immigration Law, LLC to provide legal representation to any individual. This information is only intended to provide general information about common immigration matters and does not present an exhaustive discussion of immigration law. Immigration law and procedures change frequently and some information on this website may not be current. No individual should rely on information contained herein for his or her particular case and should consult with a qualified immigration attorney regarding specific questions about immigration status and eligibility.

phone: (913) 432-9994

fax: (913) 432-9995

9303 W 75th St., Suite 210, Overland Park KS 66204

  • facebook
  • twitter
  • linkedin

©2016 BY BORDEAU IMMIGRATION LAW, . PROUDLY CREATED WITH WIX.COM

For most individuals, labor certification will be the quickest and most certain route to permanent residency; however, in some cases it may be advantageous to file in another manner.  However, in recent years, these cases have become exceedingly difficult in terms of the evidence required from the USCIS.

 

An eligible EB-2 applicant may apply for permanent residency directly to the USCIS without having to receive a labor certification from the Department of Labor (DOL) if they can show his work is in an area of national interest.

EB-2/National Interest Waiver

 

 The term “national interest” is not defined in the law; however, the United States Citizenship and Immigration Services (USCIS) has suggested that the following seven factors could be taken into consideration for an NIW petition:

 

1. improving the U.S. economy;

2. improving wages and working conditions of U.S. workers;

3. improving education and training programs for U.S. children and under-qualified workers;

4. improving health care;

5. providing more affordable housing for young and/or older, poorer U.S. residents;

6. improving the environment of the U.S. and making more productive use of natural resources; or

7. a request from an interested U.S. government agency or improving international cultural understanding.

 

If applicable, the petitioner should show that the beneficiary will be working to improve one of the seven listed factors. In addition, the beneficiary must show evidence of at least 3 of the following:

a. an advanced degree (Master or above) related to the area of exceptional ability;

b. evidence in the form of reference letters from employers or experts that the applicant has at least two years experience in the area in which your work will benefit the United States;

c. a license to practice in the field;

d. evidence that the applicant has commanded a salary higher than others in the field;

e. membership in professional associations (should show that the professional association limits membership to those who have made significant contributions); and/or

f. recognition for significant contributions to the field. This is typically shown through letters from international experts attesting to the applicant’s contributions.

 

Please note the USCIS is increasingly requesting additional evidence to show that the applicant has had a greater impact than would a US worker with similar education and training. The USCIS will frequently requests evidence as to why a labor certification is NOT in the national interest and also frequently requests evidence that the applicant’s work has been heavily cited by other scientists (excluding self-citations).

 

Most individuals will chose labor certification over a National Interest Waiver in the current environment. However, the National Interest Waiver allows self-petitioning, meaning that the applicant is not required to have an employer sponsor the case. It also allows the applicant to change jobs much more easily during the permanent residency than other types of employment based permanent residency cases. For this reason, some individuals will want to consider this option.