National Interest Waiver Lawyer Explains the Process

National Interest Waiver Lawyer

Have you been considering immigrating to the United States on the EB-2 National Interest Waiver? Do you have an advanced degree and/or are highly skilled? If so, then this very well may be the right way to immigrate for you. If you tried years ago and found the standards too high, it’s a different day now. Late in 2016, the Supreme Court changed the eligibility threshold, so it’s entirely possible you may qualify now. A National Interest Waiver Lawyer from our firm can help you through the process. 

The Waiver Explained 

As you may know, with the regular EB-2 visa process, you have to go through a lengthy Labor Certification process (among others). This process can take, at best, six months, but it can also take up to three years. Now, the “National Interest Waiver” essentially is a way to, well, waive that Labor Certification requirement. How? On account of it being in the best interest of America to do it. What can make this particularly attractive is that your petition on your own behalf (or an employer can). You don’t need a job offer requirement, either. Now, the process can still be difficult and challenging. But we can help. 

The Test 

To receive an NIW visa, there’s a test. You, the foreign national, have to have a “proposed endeavor” that has “substantial merit” and “national importance.” You don’t need to prove that your endeavor will be successful, just that you’re capable of making it successful. On top of that, you have to be seen as well-positioned to be able to advance the endeavor, and it has to be viewed as beneficial to America to waive the labor certification and job offer for you. 

The Factors 

In that test, USCIS will take into account multiple factors. They can include progress you’ve made already toward achieving the endeavor you’re proposing, your education, your track record, successes you’ve already had, your knowledge and education, the skills you possess, and even your plan will come up. Plus, the USCIS will have to consider how America can benefit from bringing you in to do this even if workers in the United States are available, too. As you might imagine, this entire process can be quite complex indeed.

National Interest Waiver Lawyer 

How a National Interest Waiver Lawyer Can Help 

We know that reading the above can seem daunting. However, we can also say that we’ve helped many to navigate the process so that they were able to come to America on an NIW. That said, it might not be the best option for everyone. To that end, we can work with you to find the right immigration solution. For a free consultation with our staff, you can reach us at (855) 997-4525.

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