Foreign nationals may be eligible for a second preference employment-based immigrant petition or “National Interest Waiver” if they are a member of a profession that requires an advanced degree or its equivalent, or have exceptional ability in their field. The advantage of the National Interest Waiver category is that it exempts the foreign national from obtaining a job offer (the foreign national may self-petition) and waives the labor certification requirement, provided it is in the best interest of the U.S. The immigration attorneys in our law firm have considerable experience in assisting petitioners seeking a National Interest Waiver.
The standards for National Interest Waivers are laid out in Matter of New York State Department of Transportation (NYSDOT), a 1998 decision of the Administrative Appeals Office, Department of Homeland Security. It is designated as a precedent decision binding on all future cases and continues to provide the standards by which the immigration authorities adjudicate National Interest Waiver petitions. NYSDOT requires the foreign national to establish that:
The following evidence has been used to satisfy these standards:
Although the standards set for obtaining a National Interest Waiver are high, they have been granted to high achievers in a wide variety of professions. Our Michigan attorneys have considerable experience in assisting foreign nationals seeking National Interest Waivers.