National Interest Waiver
A National Interest Wavier provides an exemption from the job offer and labor certification requirements imposed on a foreign worker seeking to immigrate under the Second Employment Based Preference Category for professionals with advanced degrees and aliens with exceptional ability. U.S. law allows these requirements to be waived if the immigration authorities decide that a waiver would be, as the name implies, in the national interest. The immigration attorneys in our Michigan law firm have considerable experience in assisting petitioners seeking a National Interest Waiver.
A set of standards for National Interest Waivers were laid out in Matter of New York State Department of Transportation (NYSDOT), a decision of the Administrative Appeals Office of the former Immigration and Naturalization Service. Designated as a precedent decision binding on all future cases, NYSDOT continues to provide the standards by which the immigration authorities judge National Interest Waiver applications. These standards are as follows:
The foreign worker must establish that.- S/he is employed in a field of "substantial intrinsic merit."
- The benefit s/he will provide will be national, and not simply local, in scope.
- S/he will benefit the national interest to a greater degree than a U.S. worker possessing the same minimum qualifications.
- Numerous letters from experts in the individual's field of work or study, such as university professors or industry leaders, attesting to the significance of the alien's work.
- Proof of numerous citations to the individual's published works.
- Receipt of prestigious awards and fellowships.
- Receipt of research grants from federal and state governments and private institutions.
- Magazine and newspaper articles highlighting the individual's achievements.
Although the standards set for receiving a National Interest Waiver are high, they have been granted to high achievers in a wide variety of professions.
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The Law Firm of Antone, Casagrande & Adwers, P.C. helps individuals and businesses worldwide with all of their US immigration needs including employment visas, obtaining green cards for business and corporate employees and family members, visas for doctors, nurses, therapists, and other health care workers, together with waivers for physicians under J visa training program, labor certifications (PERM), national interest waivers, marriage-based adjustments and green cards, fiancee visas, family immigration preferences, students, naturalization and citizenship, including medical waivers, asylum, deportation, hardship waivers, voluntary departure and removal. We serve clients in southeast Michigan including the Detroit Metro area, Ann Arbor, and Lansing. With offices in Farmington Hills, MI, we are close to Southfield, Troy, West Bloomfield, Birmingham, Novi, Rochester and Auburn Hills in Oakland County; Canton, Plymouth, Dearborn, and Detroit in Wayne County; Warren, Sterling Heights, and Mount Clemens in Macomb County; Brighton and Howell in Livingston County; Lansing in Ingham County; City of Monroe in Monroe County, Ann Arbor in Washtenaw County; Grand Rapids in Kent County; Battle Creek in Calhoun County; Kalamazoo in Kalamazoo County; Benton Harbor in Berrien County; Holland in Ottawa County; Flint in Genesee County; Ludington in Mason County; Muskegon in Muskegon County; and Traverse City in Grand Traverse County, Michigan. Although many of our clients are located in the tri-county area of Wayne, Oakland and Macomb, we also serve clients in many cities and states in the U.S. including Cleveland, Toledo and Cincinnati, Ohio; Chicago, Illinois; Milwaukee and Green Bay, Wisconsin; Indianapolis, Indiana; Buffalo, New York; Los Angeles, San Francisco and San Diego, California; Phoenix and Tucson, Arizona; Dallas, Houston, El Paso and Galveston, Texas; Miami, Florida; Washington D.C.; Virginia, Minnesota, Pittsburgh and Philadelphia, Pennsylvania, and many others. In addition to the United States, we also serve Canadian nationals from numerous provinces in Canada, including Toronto and Windsor in Ontario; Montreal in Quebec; Halifax in Nova Scotia; and Vancouver, British Columbia. We also serve cities and countries such as London, England; Scotland and other countries of the United Kingdom (U.K.); Mexico, Paris, France; Frankfurt and Berlin, Germany; Tokyo, Japan; India; Brazil; Rome, Italy; Shanghai and Beijing, China; Belgium; the Philippines, and many other countries in Europe, Asia and South America. |
