Green Cards
- National Interest Waivers
In recent years,
obtaining a green card based on a National Interest Waiver application
has become much more difficult. However, in very specific situations
it is still an option that should be considered as a means of obtaining
a green card without having to navigate through the lengthy and
uncertain labor certification application process.
In order to
qualify for a green card based on a National Interest Waiver, the
following criteria must be established:
- Evidence
that the benefits of the alien's employment will be national in
scope and that there is little or no adverse impact on the interests
of other regions in the country; and,
- Evidence
that the alien seeks employment in an area of substantial intrinsic
merit. His/her employment must be important to the national interest
of the United States. Additionally, the benefits of the alien's
employment should be immediately apparent to the national interests
of the United States and,
- Evidence
that the alien has a degree of expertise significantly above that
ordinarily encountered in the field. To be considered in the national
interest the alien must make a showing significantly above that
necessary to prove the prospective national benefit required of
all aliens seeking to qualify as exceptional; and,
- Evidence
that the national interest would be adversely affected if a labor
certification were required; and,
- Evidence
that a national interest waiver is not being pursued based on
a shortage of qualified workers in the field; and,
- If the alien
holds a patent or is responsible for an innovation, then it must
be demonstrated that the specific innovation serves the national
interest; and,
- Evidence
that the alien's past record of achievement justifies projections
of future benefit to the national interest and that the applicant's
ability will serve the national interest to a substantially greater
extent than the majority of his or her colleagues.
If these criteria
can be established a green card will be issued to an applicant based
on a National Interest Waiver. The benefit of this type of application
is the fact that there is no need for a job offer and as such a
labor certification application to qualify for a green card in this
category.
While most applicants
no longer have the national interest waiver as a legitimate option,
new regulations permit a primary care physician working in a Health
Professional Shortage Area (HPSA) to apply for a national interest
waiver and in so doing qualify for an employment based immigrant
visa without the need for labor certification. A foreign physician
may obtain a national interest waiver simply by establishing that
he will be employed as a physician in a HPSA for five years. As
a result, the national interest waiver is an excellent opportunity
for a primary care physician to obtain a green card without having
to navigate through the lengthy and uncertain labor certification
application process.
If you would
like to explore your specific green card options please send a request
to us at:
Greencards@usimmigrationlaw.net
or contact
Leibl &
Kirkwood
12865 Point Del Mar, Suite 190
Del Mar, CA 92014, USA
Tel. (858) 481-5211
Fax. (858) 481-7271
questions@usimmigrationlaw.net
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