EB-2 National Interest Waiver
This immigrant visa or permanent resident “green card” category allows for a self-petitioner or an employer to file a USCIS Form I-140 immigrant petition to sponsor an international worker who can establish:
- The noncitizen’s proposed endeavor has both substantial merit and national importance.
- The noncitizen is well positioned to advance the proposed endeavor.
- On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.
A substantial amount of evidentiary documentation (i.e. often hundreds if not thousands of pages) and strong legal arguments based upon caselaw must be submitted to prove the above. The current framework for review of National Interest Waiver qualification was established by Matter of Dhanasar.
Merit-based immigration cases are among the most complex area within U.S. immigration law with a higher chance of denial, so it’s important to work with an experienced business immigration attorney.
The above is informational and not intended to be legal advice. Please consult with an experienced business immigration attorney on your specific facts and circumstances before proceeding with any U.S. immigration strategy.