Securing a green card through employment typically requires a specific job offer and a tedious labor certification process. For many highly skilled professionals, this can create a significant barrier to entry. However, the EB-2 National Interest Waiver (NIW) provides a vital exception. This waiver allows foreign nationals to self-petition for permanent residency without an employer sponsor, provided they can demonstrate that their work benefits the United States significantly.
To successfully obtain an NIW, a petitioner must generally demonstrate three critical elements:
Because the fulfillment of these elements is a matter of the immigration officer’s discretion, our attorneys at Kriezelman Burton & Associates, LLC understand that proving “national interest” requires a strategic approach. Our team can put our decades of experience to work to help you with your NIW petition.
Before addressing the national interest argument, an applicant must first qualify for the underlying EB-2 visa category. This acts as the threshold requirement. An individual must demonstrate that they fall into one of two specific categories:
Once this is met, the focus can shift to proving that a waiver of the job offer requirement is in the national interest.
Because the immigration statute does not strictly define “national interest,” the United States Citizenship and Immigration Services (USCIS) relies on a three-prong test to determine these cases. A successful petition must provide sufficient evidence for each point.
This prong focuses on the specific work the applicant proposes to undertake. The work must have significance in areas such as business, science, technology, health, culture, or education. Furthermore, the impact must reach beyond a single employer or client. It must have broader implications for the field or the nation, such as enhancing public health or advancing scientific knowledge.
While the first prong looks at the project, this second prong looks at the person. USCIS will assess whether the applicant has the education, skills, and track record to succeed. Evidence to prove this can include:
The final prong balances the protection of the U.S. labor market against the benefits of the applicant’s work. The petitioner must prove that the United States benefits more from their immediate contributions than it would from enforcing the labor certification process.
Despite a strong application, USCIS may issue a denial. It is important to remember that a denial is not necessarily the end of the road. Applicants often have the right to challenge the decision, with options typically including:
Submitting a successful appeal requires a deep understanding of legal precedents and procedural rules that an immigration attorney will be well-suited to help you with.
Proving eligibility for a National Interest Waiver is a complex legal task that demands precise documentation and persuasive argumentation. It is not merely about having a degree; it is about demonstrating your invaluable potential to the United States. Kriezelman Burton & Associates, LLC is committed to providing the legal guidance needed to navigate these challenges. If you believe your work serves the national interest, contact our firm today to schedule a consultation and discuss your immigration options.
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Kevin Raica literally saved my life. He helped me out of a dangerous situation that my previous attorney had put me in. After 17 years without status and 6.5 years of working with my previous attorney, I had experienced so many denials that I had completely lost hope. When I met Kevin, everything changed. He genuinely cared about my situation and gave me hope when I couldn’t see any for…
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We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
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I have heard from several people that Brittni is a great attorney. When my friend was detained, I recommended Brittni to take his case. She did an amazing job putting together all the necessary information, especially given that we had only a couple of days to submit the habeas corpus application. She and her team worked very professionally and provided clear guidance throughout. She stayed in touch consistently and was…
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…

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