National Interest Waivers/EB-2

Immigration Attorneys Handle National Interest Waiver Petitions

To petition for your permanent residency in the EB-2 visa category, we must demonstrate that you are doing work that is in the national interest of the United States. The criteria for National Interest Waivers are firmly established by law which states that in order to be approved for such a visa, the petioner must provide documentation for 3 of the following:

1. An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
2. Letters documenting at least ten years of full-time experience in the occupation being sought;
3. A license to practice the profession or certification for a particular profession or occupation;
4. Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
5. Membership in professional associations;
6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations;

National Interest Waivers are granted not only on the merits of an individual alien, but also on recommendations from well-known, established and influential people or organizations. The USCIS highly recommends the submission of better testimonial letters from substantial, recognized national or international organizations/institutes/government agencies with the expertise to definitely say that the work or contribution of the individual truly is in the national interest. The authors of these third-party testimonial letters should clearly attest to the intrinsic importance of the alien's work.  

Work in Many Professional Fields Can Qualify

Those engaged in environmental or medical research often qualify for a National Interest Waivers (NIW), as do engineers and others working on a variety of public projects. Your work does not necessarily have to be national or global in scope; for example, engineering freeways in one area can be in the national interest. We have helped many researchers and professionals determine whether to apply for an NIW, an EB-1 Visa for an Outstanding Professor/Researcher, or both.

We look at several means of making these petitions as strong as possible, including identifying sources of agency funding for the projects on which you work. Delving into the nature and purpose of your work — whether in forestry, teaching or another field — can also help your EB-2 petition succeed. Lastly, your case may be strengthened with strong documentation of your research contributions, publications, presentations, paper reviewing experience, citations and other accomplishments in your field.

Personal, Attentive Service and a Library of Valuable Resources

We work very directly and personally with all of our clients to obtain quality references and to ensure that any letters of reference emphasize the points most favorable to their case.

Our lawyers’ experience across virtually every discipline and with all types of visa petitions has enabled us to accumulate a large library of sample documents that can help prepare a petition. For many clients, we offer model reference letters that demonstrate a very effective way of presenting the information for your field. This detailed approach can strengthen their application for a national interest waiver.

Rest assured we will walk you through all steps in the process, taking great care to tell you as precisely as possible what you need to do for the best chance of success with your National Interest Waiver/EB-2 application. Please contact the Law Offices of Scott Warmuth, A Professional Corporation, to schedule a free initial consultation to discuss your immigration law needs. We can also assist you in your efforts to obtain a green card or nonimmigrant visa.