We just received an approval notice for adjustment of status based on a National Interest Waiver. The National Interest Waiver is available to EB-2 category aliens that can show that the alien seeks employment in an area of substantial intrinsic merit, the benefit to the United States will be national in scope, and the national interest would be adversely affected if a labor certification were required. Having exceptional ability in a given field is not sufficient on its own to grant the waiver. The alien self-petitioner must prove that the benefit his/her skills would provide substantially outweighs the inherent national interest in protecting US workers, which the labor certification process achieves.
In general, USCIS will look at seven evidentiary factors when adjudicating a National Interest Waiver:
- Improving the US economy
- Improving wages and working conditions for US workers
- Improving education and programs for US children and underqualified workers
- Improving health care
- Providing more affordable housing
- Improving the US environment and making more productive use of national resources
- Interested government agency request
Generally with an EB-2 case, the alien applicant must have a job offer and labor certification; however, the National Interest Waiver, if approved, waives this requirement. The EB-2 category benefits members of professions holding advanced degrees or their equivalent, or who because of their exceptional ability in the sciences, arts or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the US and whose services are sought by an employer in the US. Due to backlogs in the EB-3 category, the EB-2 category is highly sought after.
Our client, who entered the US on a visitor visa, was very happy to hear about the approval of the green card. USCIS adjudicated the case in approximately one year, but our client received work authorization about three months after we filed the case. Although we received a Request for Evidence, we were pleasantly surprised that it did not include overly burdensome requests and merely asked for any updated information on job offers and publications.
The client has since accepted a job offer from an American university and he and his wife are excited to start their lives in the United States with full confidence that this will be their new home indefinitely.
If you are considering employment based permanent residency, the EB-2 process or a National Interest Waiver, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally meet with you to discuss your case and the options available to you.