Law Offices of Chris M. Ingram

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National Interest Waiver Part 2

Part 1 – Part 2

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National Interest Waiver Green Card Editorial:

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The National Interest Waiver is a direct green card option that is often overlooked by candidates and attorneys alike. For a specific set of candidates looking to pursue a US green card, this option should certainly be considered. The National Interest Green Card is actually an EB2 Green Card for Aliens of Exceptional Ability. In most cases, this green card option requires an employer sponsor. However, if you can prove that your work does or will benefit the US as a nation, the US government will waive the requirement of the job offer. Thus, we have a National Interest Waiver Green Card.
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This creates the next question – How do you prove your work is in the national interest of the United States? The regulations provide a number of options to consider in making this determination, and the options include your ability to create affordable housing, contribute to environmental issues or significant work you are doing with the US military. These are just a few examples, but if you are working with a US government agency or your work directly impacts a US government agency, we would encourage you to give us a call to discuss your case free of charge, you never know how this one phone call could change your life.
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Welcome to our National Interest Waiver (NIW)
Video Presentation Series

In this presentation, we’re going to present an overview of the NIW green card as a potential option for you.  Ok – let’s get started.  There are several employment green card avenues for which educated professionals may apply: –  

Alien of Extraordinary Ability in Business, Education, Arts, Sciences and Athletics

EB1-2:      Outstanding Professors and Researchers

EB1-3:      Intra-Company Transferees Who Are Managers or Executives

EB2:         Aliens with Advanced Degrees with a US Job Offer

EB2/NIW:  Aliens With Exceptional Ability
in a Field that Would Greatly Benefit US

EB3:         Two Years of Professional Training / Bachelors Degree / US Job Offer

In this presentation series, we’ll be focusing on EB2/NIW green card option. The first and perhaps most important point is that, like the EB1-1 candidates, NIW candidates can sponsor themselves directly for a green card.

The key to success in an NIW case is to demonstrate that the alien’s particular skill set would greatly benefit the US economy to such a degree so as to justify skipping all of the otherwise normal requirements; for example, needing a US employer to petition for them, or skipping the process known as Labor Certification, where an employer would first have to first demonstrate that there were no qualified Americans willing and able to fill the position.

Qualifying NIW candidates can literally fast track themselves into a green card, so the burning question is how do you know if your particular education and skill set meet that National Interest criteria for approval. Ok – let’s first look at some of the areas where it has been established where people serve:

  • Ability to improve the US economy;
  • Ability to improve wages and working conditions of the US workers;
  • Ability to improve educational and training programs for US;
  • Ability to improve healthcare;
  • Ability to provide more affordable housing;
  • Ability to improve the environment and natural resources;
  • Admission is requested by an interested US government agency.

As can be seen, many of these National Interest areas are quite vague and general in scope, which is actually quite helpful to us. For example, what if you’re researcher in a particular field that may improve healthcare? Maybe, you’ve been published as being a leader in the field and recognized by your peers that you have made some very valuable breakthroughs in the field.

What if you work in Oil and Gas and you have developed less harmful ways to deal with the environmental impact of this industry. Perhaps you have developed some amazing software in business, gaming or science that could be argued as having a significant economic impact in a particular field. As can be seen, it does not take much for something to be considered to be in the National Interest.

Immigration Law Offices of Chris M. Ingram

Immigration Law Offices of Chris M. Ingram

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
Santa Monica,
California 90401
Tel: 442 244 4350

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