Characteristics of National Interest Waivers
- An EB2 visa ordinarily requires a permanent job offer and a Labor Certification. The permanent job offer, and by extension, the Labor Certification, can be waived if it is in the national interests of the United States.
- Because the permanent job offer requirement will be waived if the waiver is approved, a foreign national can file this petition on his or her own behalf, though employers may file as well.
- Workers that qualify for this waiver typically have an advanced degree and can prove an exceptional ability beyond that of US workers with similar qualifications.
- This ability must represent some exceptional potential benefit to the US as a nation, to establish that the lengthy process of Labor Certification is not in the best interests of the United States.
- The standards for these waivers is very high, making them quite difficult to obtain.
- The standards can vary depending on which facility of the US Citizenship and Immigration Services is handling the petition.
Our Services
If you are considering filing an H1B visa petition for the international staffing of your own business, contact us for a free consultation to discuss your needs and how we can assist you in the process. Our attorneys are experienced in dealing with unique business situations, and have represented many clients in successfully obtaining employment visas for hiring foreign national.
We can advise you with recommendations for your global hiring plans based on the latest immigration regulations, and will take into account any special factors that may apply to your industry or involvement with international trade. With three offices in California and Oregon in the western United States, we are happy to meet with you in person or discuss your employment immigration needs by phone.
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