WHAT IS NATIONAL INTEREST WAIVER?

If you are holding a Master Degree or higher and consider yourself to be contributory to the development of U.S national interest by virtue of your expertise and can prove it, you may petition yourself for Lawful Permanent Resident on your own!

To establish eligibility for a national interest waiver, a petitioner must first demonstrate qualification for the underlying EB-2 visa classification, as either an advanced degree professional or an individual of exceptional ability in the sciences, arts, or business. Because this classification requires that the individual’s services be sought by a U.S. employer, a separate showing is required to establish that a waiver of the job offer requirement is in the national interest.

Section 203(b) of the Act sets out this sequential framework:

  1. Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. –
    1. In general. – Visas shall be made available … to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
  1. Waiver of job offer-
    1. National interest waiver.

The Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States.