An alien may apply for permanent residence status (Green Card) and seek a waiver of the offer of employment by establishing that his (her) admission to permanent residence would be in the National Interest. There is no specific rule or statutory standard as to what will qualify an alien for a National Interest Waiver. The USCIS considers each case on an individual basis.  One case law provides some general guidance as to the case law standard. In Re New York State Dept. of Transportation EAC 96 063 51031 (AAU, Aug. 7, 1998) provides the following criteria for satisfying the exemption of a job offer based on national interest:

1)      It must be shown that the Alien seeks employment in an “Area of Substantial Intrinsic Merit"
2)      The Proposed Benefit is National in Scope
3)      The National Interest Would Be Adversely Affected if Labor Certification Were Required for the Alien

The procedure is to file the case with evidence to establish that the alien's admission to the United States for Permanent Residence would be in the national interest.

Factors that have been considered in successful cases include:
·     The alien's admission will improve the U.S. economy.
·     The alien's admission will improve wages and working conditions of U.S. Workers.
·     The alien's admission will improve educational and training programs for U.S. children and underqualified workers.
·     The alien's admission will improve health care
·   The alien's admission will provide more affordable housing for young, aged, or poor U.S. residents.
·    The alien's admission will improve the U.S. environment and lead to more productive use of the national resources.
·     The alien's admission is requested by an interested U.S. government agency.
Many of our cases in which National Interest Waivers have been approved were supported by affidavits from well-known, established and influential people or organizations.

For example, an application being submitted for a scientist should contain affidavits from leading scientists, representatives, and from other organizations associated with the type of research to be pursued.

Documenting past achievements, as well as proof that the alien has already created jobs, turned around a business or created an increase in exports or other economic improvements should prove instrumental in gaining approval.

We have represented numerous post-doc researchers in various national academic insitutions such as National Institute of Health and research branches of various colleges and universities.    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The following client testimonial typifies our client experience:


- I had a wonderful experience with Immigration law practice and in particular with Chen Zhang, Esq. I apply for green card in the NIW category. The process went really smoothly. Mr. Zhang was always very clear and knowledgeable about the procedure and the needed materials. Each of my question has always been answered promptly and comprehensively. The interaction with Mr. Zhang was very easy. I never had to interact with third parties or wait for more than few hours to receive any answer. I felt supported and confident during the entire process. I was able to receive the approval for my petition in less than one month...a record I think."

Mariaelena, Post-doc researcher at George Mason University