Simply put, a national interest waiver is a program offered through the second-preference employment-based visa type, otherwise known as the EB-2 visa. In turn, the EB-2 visa is a visa type that allows certain individuals to live and work permanently here in the United States. Now, as you may have already concluded, you cannot get a national interest waiver without qualifying for an EB-2 visa first; they go hand-in-hand. So, without further introduction, please follow along to find out whether you are eligible for a national interest waiver in combination with an EB-2 visa and how a proficient Baltimore County, Maryland employment immigration lawyer at Sheri Hoidra Law Office, LLC can help you act on this opportunity effectively.
How do I know if I am eligible for an EB-2 visa?
Namely, an EB-2 visa is a permanent work visa designated for individuals with an advanced degree and exceptional ability in the sciences, arts, or business. Specifically, an individual must have a baccalaureate or foreign equivalent degree related to their area of exceptional ability. Plus, they must have at least five years of post-baccalaureate, progressive work in said area.
As far as what constitutes an “exceptional ability,” the United States Citizenship and Immigration Services (USCIS) describes it as, “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” This may be demonstrated through an individual’s competitive salary, membership in a professional association, recognition for achievements and significant contributions in their area, and more. Ultimately, there is no set list of required evidence, and the USCIS may evaluate each application on a case-by-case basis.
How do I know if I am eligible for a national interest waiver?
Well, even though an individual may meet the eligibility criteria for an EB-2 visa, they must first obtain a job offer in the United States or get Permanent Labor Certification (PERM) before proceeding with Form I-140, Immigrant Petition for Alien Worker. This is because a U.S. employer usually has to sponsor and file their application on their behalf.
Now, what makes a national interest waiver of interest is that it eliminates this requirement and extra step. With that being said, an individual eligible for a national interest waiver may participate in work that is, as the name suggests, of “national interest” to the U.S. Of note, the USCIS considers three major factors when determining whether an individual’s work is indeed of national interest, and they read as follows:
- An individual must have a proposed endeavor in their area of exceptional ability with both substantial merit and national importance.
- An individual must be well positioned to execute their proposed endeavor once they legally enter the U.S.
- An individual having their job offer and PERM requirements waived would be greatly beneficial to the U.S.
In conclusion, before entering the legal arena, you must retain the services of a talented Baltimore County, Maryland immigration lawyer. Reach out to Sheri Hoidra Law Office, LLC today.
