Permanent Residence Based on a National Interest Waiver
Foreign nationals with "exceptional ability" in the sciences, arts or business and advanced-degree professionals may seek permanent resident status in the U.S. under the second employment-based preference category. An employer offering employment to a foreign national must file an Immigrant Petition for Alien Worker (I-140) to seek permanent resident status in this category, and typically both Labor Certification and a job offer are required to qualify. However, if U.S. Citizenship and Immigration Services (CIS) determines that an exemption from the job offer requirement would be in the national interest and waives the requirement, then Labor Certification is also waived. In that case, the foreign national or any person on his or her behalf may file the Petition.
In order to qualify for a National Interest Waiver, the Petitioner must establish that the foreign national's proposed employment is in an area of substantial intrinsic merit, the proposed benefit will be national in scope, and the significant benefit attributable to the foreign national's involvement in the proposed field of endeavor considerably outweighs the inherent national interest of protecting U.S. workers through the Labor Certification process. This last element requires a showing of unique knowledge, abilities or experience that establishes the foreign national as clearly superior to others in the field.
In addition, the Attorney General must grant a National Interest Waiver to a foreign physician if he or she works full time for five years (excluding time in a J-1 classification) in a Veterans Administration hospital or in a medically-underserved or health professional shortage area designated by the government, and if a federal agency or state department of public health determined that the physician's work is in the public interest.
Although there are very specific and high standards for obtaining a National Interest Waiver, Grzeca Law Group believes it is well worth the possibility to explore this option for many of our clients.