National Interest Waiver

The requirement of a job offer, and hence a Labor Certification, can be waived If the alien qualifies for a national interest waiver. This waiver only applies to the EB-2 category. In order to qualify for the waiver, it must be shown that there will be some favorable impact on the culture, economy, employment, etc. of the country on a national level as a result of the alien’s immigration to the United States. More specifically, it must be shown, according to Matter of Dhanasar, 26 I&N Dec. 884 (2016):

(1) that the foreign national’s proposed endeavor has both substantial merit and national importance;

(2) that the foreign national is well positioned to advance the proposed endeavor; and

(3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

As a result of the job offer being waived, the alien may file the appropriate petition themselves, and will include the request for the waiver with the petition.

Do you have questions about the national interest waiver, or how to obtain a green card through employment or investment? Please contact a Woodland Hills immigration attorney for a consultation so we can help you with the national interest waiver process. In addition to Woodland Hills, we provide immigration attorney services in a variety of other areas, including Agoura Hills, Alhambra, Burbank, Calabasas, Canoga Park, Eagle Rock, Encino, Glendale, La Cañada Flintridge, Los Angeles, Mission Hills, Monterey Park, North Hollywood, Northridge, Pasadena, Reseda , San Fernando , Santa Clarita, Sherman Oaks, Tarzana, Thousand Oaks, Valley Village, Van Nuys, Warner Center, Winnetka, and West Hills. Even if your city is not listed, please don’t hesitate to contact us to see if we can help. Since immigration law is federal, we can help you wherever you live in the United States.

National Interest Waiver

The requirement of a job offer, and hence a Labor Certification, can be waived If the alien qualifies for a national interest waiver. This waiver only applies to the EB-2 category. In order to qualify for the waiver, it must be shown that there will be some favorable impact on the culture, economy, employment, etc. of the country on a national level as a result of the alien’s immigration to the United States. More specifically, it must be shown, according to Matter of Dhanasar, 26 I&N Dec. 884 (2016):

(1) that the foreign national’s proposed endeavor has both substantial merit and national importance;

(2) that the foreign national is well positioned to advance the proposed endeavor; and

(3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

As a result of the job offer being waived, the alien may file the appropriate petition themselves, and will include the request for the waiver with the petition.

Do you have questions about the national interest waiver, or how to obtain a green card through employment or investment? Please contact a Woodland Hills immigration attorney for a consultation so we can help you with the national interest waiver process. In addition to Woodland Hills, we provide immigration attorney services in a variety of other areas, including Agoura Hills, Alhambra, Burbank, Calabasas, Canoga Park, Eagle Rock, Encino, Glendale, La Cañada Flintridge, Los Angeles, Mission Hills, Monterey Park, North Hollywood, Northridge, Pasadena, Reseda , San Fernando , Santa Clarita, Sherman Oaks, Tarzana, Thousand Oaks, Valley Village, Van Nuys, Warner Center, Winnetka, and West Hills. Even if your city is not listed, please don’t hesitate to contact us to see if we can help. Since immigration law is federal, we can help you wherever you live in the United States.