If you’re interested in living and working in the United States and meet the other eligibility requirements for an EB-2 visa but do not meet the labor certification and job requirements, you may be able to petition for a national interest waiver (NIW). This waives the requirement for labor certification if you can demonstrate that it is in the national interest for you to live and work in the United States.

Applying for a national interest waiver can be complicated, and you may have questions about whether you qualify in the first place. With our business immigration lawyers’ experience in employment-based immigration and our commitment to fully preserving our clients’ rights, we at Gorton Law LLC may be able to assist you.

What Jobs Qualify for a National Interest Waiver?

USCIS does not specifically designate which jobs or professions may qualify for national interest waivers. As such, it will be up to you to demonstrate that you should qualify because practicing your profession or occupation in the U.S. would be in the national interest.

Proving Eligibility for a National Interest Waiver

In addition to proving that having you permanently work in the U.S. is in the country’s best interests, you must show evidence of at least three of the following:

  • A degree, diploma, certificate or equivalent from a college, school, or other institution related to your profession/occupation
  • At least 10 years of full-time experience in your profession/occupation
  • A license or certification for your profession/occupation
  • Salary or other compensation that demonstrates your special ability
  • Membership in a professional association
  • Recognition for your achievements and contributions to your industry or field

Other comparable evidence may also be used to demonstrate eligibility.

How Can a Lawyer Help with My Waiver?

A lawyer who understands the specific proceedings associated with filing a national interest waiver and all aspects of employment-based immigration law can help you take the right steps to gain approval to live and work in the United States. You can avoid common missteps in the first place, which could cause unnecessary delays or the denial of your application. Or, if an issue does arise, you’ll already have an attorney to help you file an appeal or otherwise protect your interests.

Serving clients in Everett, North Boston, Medford, and the surrounding areas, our Boston work visa attorneys at Gorton Law LLC are here to protect your interests. Our experience can serve you well in these complex matters, to help prove that you working in the U.S. is in the national interest.