It’s no secret that the process of becoming a lawful permanent resident of the United States can be incredibly difficult. Not only must you file a considerable amount of paperwork, but depending on the reason for your green card, you’ll need to meet a host of different requirements. For example, if you are applying for an EB-2 visa, you’ll need to ensure you meet the eligibility requirements as well as find an employer willing to sponsor you. However, you may be able to bypass the latter half by applying for a national interest waiver. If you’re unsure what this is or whether or not you qualify, you’ll want to keep reading. The following blog explores what you should note about this process and the importance of working with Fairfax County business immigration lawyers to explore your options.
How Does the National Interest Waiver Work and What Does It Waive?
Generally, when you want to live and work in the United States permanently, you’ll need to obtain a green card. While there are many ways to get this card, such as through marriage or family members, you can also get one through your employment. However, to get a green card through your employment, you’ll need to meet a number of requirements. Typically, when applying for an EB-2 visa, which is the second of five employment-based preference categories, you’ll need to find an employer willing to sponsor you as an employee. However, you may also be able to apply for a national interest waiver.
Essentially, this waiver removes the requirement that you must have an employer sponsor you. As such, you’ll need to demonstrate that the contributions you would make through your employment opportunities in the United States would be in the best interest of the country.
Who Is Eligible?
In order to be eligible for a national interest waiver, you must first determine whether or not you meet the necessary requirements for an EB-2 visa that would then allow you to change your status to a green card holder. Typically, there are two ways in which you can qualify for an EB-2 visa: by obtaining an advanced degree or demonstrating exceptional abilities. You can qualify for the degree route if you have a United States or foreign equivalent of an advanced degree, which generally includes a master’s degree or higher. However, if you have your bachelor’s or equivalent and five years of progressive work in the area of your study, you may qualify.
On the other hand, if you can demonstrate that you have exceptional abilities in a field like business or science, you may also qualify for this type of visa. You’ll need to provide documentation of these abilities, which can include things like memberships in professional organizations, licenses, or even recognition in your field.
Once it’s determined that you qualify for a visa, you’ll need to showcase that the work you do is in the best interest of the country, by showing that it has substantial merit and you are well-positioned to advance your work.
As you can see, this process can be overwhelming. That is why it’s in your best interest to connect with an experienced employment immigration attorney with Goel & Anderson. Our team will examine your circumstances to help you take the necessary steps to protect yourself. Contact us today to learn how we can fight for you.
