FACTS:

A client was working for a cutting edge non-profit company that was/is leading the field in medical technology which bridges people, science, and technology, championing both human and technical infrastructure within the scientific community. The client’s work was leading the way in new collaborations between science and technology and was truly helping the make the world a better place!

After a careful review of her role and work, we concluded that her case was appropriate for an Employment-Based Second Category National Interest Waiver.

THE LAW:

Noncitizens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

To qualify for the National Interest Waiver (which shortcuts the Labor Certification process), the worker must show that:

• The proposed endeavor has both substantial merit and national importance.
• You are well positioned to advance the proposed endeavor.
• It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

THE RESULT:

This client hired us to prepare an EB-2 NIW case. The case was filed with USCIS in July 2021, and was approved without any Request for Evidence in February 2022.

Unfortunately, USCIS does NOT provide for expedited processing of EB-2 NIW cases, but does allow concurrent filing of an I-485, Application to Adjust Status if desired and if visa numbers are available under the visa bulletin.

The client was able to seek an immigrant visa and proceed with their case. A careful review of the NIW laws and regulations mixed with a sufficiently detailed and comprehensive package resulted in this positive achievement on the client’s behalf.

NIWs are not for everyone. The typical PERM case does not usually call out for a National Interest Waiver, but if the circumstances exist, this is a powerful tool to move directly to filing a Form I-140 and to do so without the support of an employer.

DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.