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National Interest Waiver

This e-book includes detailed information on applying for a National Interest Waiver. A National Interest Waiver allows you to apply for an immigrant visa in the second employment-based preference category with no job offer from a U.S. employer and no labor certification. National Interest Waivers are offered only for immigrants of exceptional ability applying in the second preference for employment in the sciences, arts, or business. There is no National Interest Waiver for an immigrant visa in the first, third, or fourth preference categories.

Most people applying for an employment-based immigrant visa need a job offer from a U.S. employer. The employer then sponsors the immigrant for an immigrant visa in order to fill a specific job. To sponsor the immigrant, the employer must file a petition with USCIS (US Citizenship and Immigration Services). Before the employer can petition for the immigrant visa, the employer is usually required to file an application for labor certification with the Department of Labor.

If you receive a National Interest Waiver, you are not required to have a job offer with a U.S. employer. You also will not be required to go through the labor certification process. You must prove that your entry into the U.S. as an immigrant is in the United States’ national interest. If you can prove this, the requirement to have a U.S. employer and job offer is waived. You may petition USCIS for an immigrant visa on your own behalf. Though you will not need an employer sponsor and you will not need to file a labor certification, proving your eligibility for a National Interest Waiver can be difficult and very few people qualify.

USCIS has not provided much guidance about what you need to prove to show that your work in the U.S. would be in the national interest. USCIS looks at these applications carefully and strictly. Although there are no specific criteria defined by law, USCIS does look at certain factors. The strength of your petition will be in the explanation you provide about the importance of your work in relation to these factors and the documents you submit in support of this explanation. National Interest Waivers have previously been granted to medical researchers, senior engineers, neuroscientists, research scientists, and professors. They are also granted to those whose presence is specifically requested by a government agency.

This e-book will guide you through the process of crafting your petition, including writing an explanation of your qualifications, gathering the supporting documents, and filling out the required forms

The National Interest Waiver e-book is a wise investment for people who want an easy-to-understand breakdown of this complicated requirement.

The National Interest Waiver e-book includes:

• Qualifications and eligibility requirements;
• A detailed overview of the application process;
• A fillable Form I-140 and detailed guidance on how to complete the form accurately and completely;
• Instructions on how to apply for a Green Card when the National Interest Waiver is approved;
• A sample petition support letter;
• Sample reference letters; and
• Answers to Frequently Asked Questions.