Obtaining a Green Card through the National Interest Waiver (NIW)

The EB-2 National Interest Waiver (NIW) is an application for a Green Card (U.S. permanent residency). The standard EB-2 is an employment based visa, usually sponsored by an American company on behalf of a foreign candidate. However, as a measure to protect American workers, the Department of Labor requires the company to prove there are no domestic workers available who are qualified for the education and experience requirements for the job. This Labor Certification can be lengthy and expensive, which means that many employers might not be willing to sponsor a foreign candidate. However, under the EB-2 National Interest Waiver visa a potential applicant can apply for himself without the need to obtain a job sponsor or go through the time consuming labor certification process. To do so, he or she must prove that it is in the national interest of the country to skip the lengthy process and let him or her work and perform in their field of expertise. The determination of what is or not in the “national interest” used to require meeting an extremely high criteria and was very difficult to demonstrate. However, in late 2016 the Matter of Dhanasar case set a new National Interest Waiver standard. Once the applicant has been determined as eligible for the EB-2, the USCIS can issue a waiver if three certain criteria are met. Even though the standards have become clearer, this waiver remains difficult to achieve. However, with the guidance of an experienced immigration attorney to prepare a thorough application, the chance of success is very high. Our attorneys at Colombo & Hurd are experienced in EB-2 National Interest Waivers, before and after the 2016 decision, and can help you choose the best steps to achieve your goals. If you have questions, please reach us for a consultation through our website: https://niwapproval.io/