A foreign national of exceptional ability or holding an advance degree may self-petition for a green card without a job offer from a US employer and without a labor certification if (s)he demonstrates that it would be in the national interest of the United States. The threshold criteria for the National Interest Waiver are the following:
(1) the foreign national’s proposed endeavor has both substantial merit and national importance; (2) (s)he is well positioned to advance the proposed endeavor; and (3) on balance, it would be beneficial to the US to waive the job offer and the labor certification requirements.
The National Interest Waiver (NIW) is discretionary. Therefore, the foreign national must show that (s)he otherwise merits a favorable exercise of discretion. The foreign national must prove that on balance the benefit his or her unique skills would provide outweighs the inherent national interest in protecting US workers through the labor certification process. To learn more information about the NIW and about one of our NIW cases, click here.
We have helped many foreign nationals to obtain national interest waivers and would be happy to help you. If you think you may qualify for a National Interest Waiver and would like to schedule a consultation, call us at 480-425-2009 or contact us via our website.