New York National Interest Waiver Attorneys
Decades of Legal Experience
Those looking to become lawful permanent residents through employment-based immigration will typically need an offer of employment from a United States employer. There are some strategies that allow you to obtain a green card without a job offer: Individuals with exceptional abilities, including artists, can self-petition for the EB-1 visa for priority workers.
Another useful exception involves a “national interest waiver.” If your skills, work, and experience are determined to be in the “national interest” of the United States, you may be able to qualify for a national interest waiver. This waiver allows you to procure an EB-2 green card without an offer of employment.
Our New York national interest waiver lawyers at J&K Law can assess your qualifications and determine whether you may qualify. We have over 20 years of combined legal experience and are familiar with how United States Citizenship and Immigration Services (USCIS) adjudicates national interest waiver applications. Our team can leverage our knowledge and resources to help you build a persuasive application.
Advantages of a National Interest Waiver
A national interest waiver confers numerous advantages to immigrants looking to live and work in the United States. These waivers can be obtained by immigrants looking to come to the United States from abroad or by those already in the U.S. on another temporary visa, such as the H-1B visa.
Procuring a national interest waiver when you already in the country on another visa can allow you to secure extensions beyond what your visa typically allows. Obtaining a national interest waiver allows you to:
- Procure a green card without an offer of employment. Finding a U.S.-based employer that is willing to sponsor you can be extremely challenging. The sponsorship process is expensive and time-consuming, and, in many cases, U.S. companies can find domestic workers to fill vacant positions. With a national interest waiver, you do not necessarily need an offer of employment to obtain an EB-2 green card.
- Skip the labor certification process. When you do have an employer that is willing to sponsor you for an open position, they must first go through the “PERM” labor certification process to demonstrate that there no available U.S. workers that are willing to take the job. This process is costly and takes a considerable amount of time. When it is not completed properly, it can also jeopardize your application. When you have a national interest waiver, a sponsoring employee does not have to go through labor certification.
- Obtain a green card without proving “extraordinary ability.” The other reliable means of getting a green card without an offer of employment involves applying for the EB-1 visa as a worker with “extraordinary abilities.” To qualify, you must provide ample evidence that proves that you are a leader in your field with national or international acclaim. Procuring a green card through a national interest waiver only requires proving that your potential contributions to the U.S. economy stand to benefit the interests of the country, which can sometimes be easier to demonstrate.
- Maintain flexibility with future employment opportunities. If you do have a sponsoring employer, you will be expected to work for them for some time before changing jobs. Securing a national interest waiver allows you to easily pursue new opportunities without jeopardizing your immigration status. Furthermore, a national interest waiver can allow you to form your own business in the United States.
Pursuing a national interest waiver will not make sense for everyone. Our New York national interest waiver attorneys can assess whether pursuing this strategy can help you more efficiently obtain a green card.