National Interest Waiver

Selected Employment Based Immigration

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Foreign individuals seeking to immigrate to the United States who can demonstrate that their admission will be in the national interest, are exempted from the requirement of a job offer and labor certification by the Department of Labor. This process is known as the National Interest Waiver (NIW) procedure.

To qualify for the National Interest Waiver, an applicant must possess an "advanced degree" or evidence of "exceptional ability". An "advanced degree" means any United States degree or a foreign equivalent degree above that of a baccalaureate. "Exceptional ability" means a degree of expertise significantly above that ordinarily encountered. An applicant submitting proof of "exceptional ability" must submit at least three (3) of the following:

1. Degree relating to area of exceptional ability;
2. Letters of recommendation from employer's and colleagues;
3. License to practice profession;
4. Person has commanded a salary or remuneration demonstrating exceptional ability;
5. Membership in professional associations;
6. Recognition by peers, governmental entities, professional, or business organizations for achievements and significant contributions to the industry or field.

In addition to possessing an advanced degree or exceptional ability, an applicant must prove other elements. An alien's admission will be in the "national interest" if the alien's qualifications meet any of the factors below:

1. The alien's admission will improve the United States economy;
2. The alien's admission will improve wages and working conditions of United States workers;
3. The alien's admission will improve educational and training programs for United States children and under-qualified workers;
4. The alien's admission will improve health care;
5. The alien's admission will provide more affordable housing for young, aged, or poor United States residents;
6. The alien's admission will improve the United States environment and lead to more productive use of national resources; or
7. The alien's admission is requested by an interested United States government agency.
   
   

Cases in which National Interest Waivers have been approved include: a physician (internist) in a medically under served area; a lawyer stating he would donate one-half of his time to indigent clients; an MBA working as a project engineer on ATM project that would create jobs; a refining manager who enhances the ability of a refinery to remain open; and a microbiologist engaged in work on the pathogenesis of the AIDS virus. The above list is by no means exhaustive. The national waiver has been applied to a variety of fields and positions.

Ample evidence and documentation is needed as part of the National Interest Waiver application which must be submitted to the Immigration and Naturalization Service Regional Service Center in Texas, Vermont, California, or Nebraska. However, a National Interest Waiver application has the advantage of avoiding the lengthy labor certification process.

National Interest Waiver
© 1998 Adan G. Vega.   All Rights Reserved.

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Law Office of Adan G. Vega and Associates, P.C.   Houston, Texas,   (713) 527-9606  

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