GREEN CARDS THROUGH NATIONAL INTEREST WAIVERS
Honolulu, Hawaii Immigration Attorney Helps with National Interest Waivers
What are the key requirements for obtaining a National Interest Waiver?
here are two key requirements for obtaining a National Interest Waiver/NIW:
- The professional must have a U.S. master’s degree or higher (or its foreign equivalent) or be a person of “exceptional ability in the sciences, arts or business.” A person who has a bachelor’s degree and five years of progressive experience in the field has the equivalent to a master’s degree.
- The professional’s entry into the United States must be in the national interest of the United States.
How is national interest determined?
In December 2016, the Administrative Appeals Office (AAO) set out a new method of analysis to assist the USCIS to determine if a foreign national should qualify for a waiver of the labor certification process through this National Interest Waiver/NIW. To qualify, the foreign national must demonstrate that he/she meets the following three prongs of the test:
- The foreign national’s proposed endeavor has both substantial merit and national importance;
- The foreign national is well positioned to advance the proposed endeavor; and
- On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.
1st prong – What is an area of substantial merit and national importance?
For this prong, the focus is on the specific endeavor that the foreign national wishes to undertake. Neither the statute nor the most recent case specifically defines the types of jobs or work that would qualify. However, the following characteristics, which were listed in an old case are still useful to consider in determining if the proposed endeavor is of significant merit and national importance:
- Improves the U.S. economy (including creating more jobs in the United States)
- Improves wages and working conditions of U.S. workers
- Improves education and training programs for U.S. children and under-qualified workers
- Improves healthcare
- Provides more affordable housing for young and/or older and poorer U.S. residents
- Improves our understanding of the U.S. environment, making more productive use of natural resources
- Fulfills a request from an interested U.S. government agency.
These are just examples to help in your analysis of whether the proposed endeavor might be of significant interest and national importance