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National Interest Waiver Attorney in Chicago
Helping Clients Nationwide Obtain NIWs
A national interest waiver (NIW) is a petition you can file when applying for an employment-based, second-preference visa – also known as the EB-2 visa.
An NIW allows aliens to obtain an EB-2 without the otherwise-required labor certification, which means they may obtain a green card without sponsorship from an employer. The labor certification process can be long and costly. See if you qualify for a national interest waiver.
Our NIW attorney at Panteva Law Group, LLC can help you seek the waiver no matter where you are located. Our firm serves clients throughout the U.S. and is eager to help you secure the visa you need to further your career here in America.
Who Qualifies for a National Interest Waiver?
National interest waivers or NIW are generally granted to aliens who have an advanced degree or exceptional ability and who offer valuable services that would benefit the United States. This includes those who are working in education, the health industry, and more.
Below are the national interest waiver requirements. In order to qualify for an NIW through exceptional ability, you must have at least three:
- An official academic record that shows you have higher education related to your area of ability
- Documentation of at least 10 years of full-time experience in your field
- A professional license pertaining to your occupation
- Evidence that you have earned a salary reflective of your abilities
- Membership in a professional association
- Recognition from peers, government representatives, or organizations for your achievements
- Other comparable evidence of eligibility
In addition, the petitioner will need to establish that:
- The foreign national’s proposed endeavor has both substantial merit and national importance.
- The foreign national is well positioned to advance the proposed endeavor.
- On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.
What Are the Benefits of a National Interest Waiver?
There are many reasons why people apply for the NIW instead of going through the labor certification (PERM process).
Below are the benefits of the NIW:
- An employer sponsor is not required, nor do you need to have a job offer when you apply.
- You may file the NIW on your own which gives you the ability to change your employment in the future without worrying about your immigration status.
- It is easier to obtain an NIW because you do not have to prove “extraordinary” ability in your field, though you do need to show that you are likely to advance the proposed endeavor achievements in your field and how your work will benefit the United States.
- If your NIW is approved and you need to wait for your priority date to become current in gain employment via H-1B status visa, you may have a chance at extending your H-1B status past the 6-year limit.
Contact a National Interest Waiver Attorney in Chicago
Here at Panteva Law Group, LLC, we know what United States Citizenship and Immigration Services (USCIS) is looking for in terms of potential candidates for the national interest waiver, as well as how to resolve complex issues that involve other visas, including H-1b visas. We know what should be included in a successful petition and can ensure that your petition reflects those requirements.
With a national interest waiver, you can easily obtain an EB-2 visa without needing employer sponsorship. Reach out to an immigration lawyer in Chicago at Panteva Law Group today. Together, we will show them how your services can benefit the U.S.