Applying for an EB-2 visa may already put you at an advantage over individuals applying for other employment-based visas. This is because, as the name suggests, an EB-2 visa is a second-preference employment-based visa. But what may get you an extra step ahead of the pack is if you supplement this visa application with a national interest waiver. With that being said, please continue reading to learn the function behind a national interest waiver and how one of the experienced work visa lawyers at Lupton Law LLC can help you determine whether you meet its eligibility criteria.
What is the purpose behind a national interest waiver?
Well, for starters, the EB-2 visa option is supposed to help professionals with advanced degrees or exceptional abilities enter the United States legally and contribute to its workforce. Then, a national interest waiver is meant to allow these professionals to obtain this visa without a job offer and without first acquiring a permanent labor (PERM) certification. This is because the United States Citizenship and Immigration Services (USCIS) may have reason to believe that this professional will contribute work to the U.S. workforce that would be of great national interest to all involved.
For example, a scientist may be of national interest if they are on the brink of unearthing groundbreaking research in their respective study. Or, an artist who has adopted a new practicing technique that attracts the attention or interest of the United States public. Lastly, an entrepreneur who owns a patent on a product or service that would have a significant impact on the United States economy.
What are the eligibility criteria for a national interest waiver?
To apply for an EB-2 visa in the first place, you must hold an advanced degree or demonstrate an exceptional ability in the sciences, arts, or business. For one, at the very minimum, you must have a master’s degree or a bachelor’s degree with five years of post-bac work experience, or the foreign equivalent. Secondly, your exceptional ability must mean that you have a degree of expertise that is significantly above what is ordinarily seen in the sciences, arts, or business. Then, to be eligible for a national interest waiver alongside this visa, you must prove that you meet the following criteria:
- You must have a proposed endeavor that proves to be of substantial merit and national importance.
- You must have proof that you are positioned well enough to execute your proposed endeavor effectively.
- You must have supporting evidence that waiving the need for a job offer and PERM certification works in favor of the national interest.
In conclusion, before entering the immigration arena, you must retain the services of one of the skilled work visa lawyers. Reach out to Lupton Law LLC today.
