National interest waiver, Who is eligible?

National Interest Waiver

Employment based
immigration, Second preference EB-2, For national interest waiver?

Applying for a National Interest Waiver in Los Angeles

This type of visa will allow you to obtain the Green Card for you, your spouse and your unmarried children under 21 years old.
Since the United States highly values these persons, the approval of this visa can be very fast.
Normally, you would need to apply for what is known as a Labor Certification which could take years.

National Interest Waiver

National Interest Waiver

Employer or Applicant Can Sign Petition

Waiver Available Only to EB-2s—An NIW is not available in the EB-1 category.
Evidentiary Criteria—The “national interest” exemption must be significantly higher than that required to establish prospective national benefit for all persons seeking “exceptional” status.
In Matter of New York State Dep’t of Transp. (NYSDOT), 22 I&N Dec. 215 (Acting AC 1998), legacy INS provided guidance as to the threshold criteria for a waiver:
(1) the person seeks employment in an area of substantial intrinsic merit;
(2) the benefit will be national in scope;
Having exceptional ability is not by itself sufficient to grant the waiver.
Nor would work such as local pro bono lawyering, teaching in a single school, or providing nutritional information in a localized setting be sufficient to meet the national criteria.
The petitioner must prove that the benefit his unique skills would provide substantially outweighs the inherent national interest in protecting U.S. workers through the LC process.

NIW

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