A foreign national may apply for lawful permanent residence status (green card), and seek a waiver of the job offer and labor certification requirements, by establishing that his or her admission to permanent residence would be in the National Interest.
There is no regulatory or statutory standard as to what will qualify an alien for a National Interest Waiver. The USCIS considers each case on an individual basis. The procedure is to file the case with evidence to establish that the alien's proposed services will be in an area of substantial intrinsic merit and will have a national benefit, and that the alien has some track record of success in his or her field.
The value of the National Interest Waiver classification seems to be that it does “not” require an employer to sponsor the prospective employee. Thus, it is referred to as a “self-sponsorship” classification for the green card. Of course, if the National Interest Waiver is done with the support of an organizational sponsor, the case can be perceived as being “stronger” by the CIS adjudicators.
Recently, we helped a Researcher Professional working on potential drug therapy for autism gain a national interest waiver. We have also assisted doctors who are willing to practice full-time in an area designated as having a shortage of health care professionals or in a facility operated by the Department of Veterans Affairs.
To see more of our National Interest Waiver cases that have been approved by the CIS, please visit our website at www.visaserve.com.
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