The National Interest Waiver green card process is a self-petition, which means that an individual may apply for this category based on their own achievements, without a sponsoring employer.   Typically, the employee obtains expert letters from the employer, but the petition is submitted to the USCIS (United States Citizenship and Immigration Services) by the individual.  The applicant would also obtain expert letters from others in the industry to attest to their exceptional ability.

An individual qualifies for this category based on their exceptional ability and whose employment would greatly benefit the United States.  In these cases, the Labor Certification process whereby the employer tests the labor market may be waived.

Requirement 1 – You must show that you plan on working in the United States in an area of substantial intrinsic merit.

Requirement 2: You must show that the proposed impact of your work is national in scope.

Requirement 3: You must show waiving the labor certification requirement would benefit the national interests of the United States.  (uscis.gov)

Criteria:

Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability

Letters documenting at least 10 years of full-time experience in your occupation

A license to practice your profession or certification for your profession or occupation

Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability

Membership in a professional association(s)

Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

Other comparable evidence of eligibility is also acceptable.  (uscsis.gov)

This information is intended for informational purposes only and is not intended as legal advice.  If you would like legal advice regarding your specific National Interest Waiver case, please contact D. Benjamin at contact@dbenjaminlegal.com or contact us here.

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