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Green Card through Self-Petition: What is the National Interest Waiver for Immigration EB2?

Petition for green card under the second preference of employment-based immigration category (EB2) is usually requested by an employer who is also required to post the job and go through the labor certification process. A person can self-petition for green card under certain categories of employment-based immigration. One of those categories is under the second preference National Interest Waiver (NIV).

The NIV (national interest waiver) is the government’s discretion to waive job offer requirement for the second preference category of Employment-Based Immigration (EB-2 or EB2). EB2 preference requires job offer and testing the job market through the labor certification process with department of labor. The labor certification requirement is designed to ensure that employing an immigrant will not displace or adversely affect American workers. However, some jobs under the second preference category do not require labor certification and job posting if it can be shown that it would be contrary to the national interest of the United States for the employer to post the job offer.

What are the Requirements for National Interest Waiver? A person applying for NIV waiver  must show the following:

  1. The applicant must show that area of employment is one of “substantial intrinsic merit” which means that the area of employment must be related to an important national goal. It must be an area of employment that is valuable and beneficial to the nation. For example someone working on a cure for cancer is in a field related to an important national goal. Most research areas or scientific fields may be justified as an area of employment of “substantial intrinsic merit”.
  2. It must be demonstrated by the applicant that the area of employment will benefit the nation and not just a local area. In other words, the benefit must be national in scope. The request cannot be based on local shortage of labor, but in an area that will provide benefit on a national scope.
  3. The final prong requires the applicant to show that he or she would serve the national interest to a substantially greater degree than would an available U.S. who has the same minimum qualifications

The national interest waiver can be filed by an employer or through self-petition by the applicant. For further information please contact our firm at 602-535-2500.

About the Author:

Lelia Adams Essien is the managing attorney at Essien Immigration Law, which is located in Phoenix, Arizona. Lelia is very passionate about immigration law and helping other immigrants because she was once an immigrant. As an immigrant, she truly understands and can personally relate to the daily struggles facing many immigrants and their families in the United States. For more information about the author click on the link below:

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Legal Notice: The information on this website does not replace legal advice and our firm is not responsible for changes in the law. Every case is unique and different, therefore past outcome is not a guarantee of future cases outcome. Free consultation by phone must be scheduled and any telephonic contact with the attorney does not establish an attorney-client relationship unless it was previously established in writing.

 

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