Do you need help with your immigration case? Call now for a consultation directly with the lawyer. We represent clients throughout the United States.

202-709-6439

Category: Waivers

Explore our post archive to find essential information on U.S. immigration law. In this section, we offer a wide collection of articles, legal updates, and specialized resources. As a law firm representing immigrants across all fifty states, our goal is to provide you with the knowledge and guidance necessary to navigate your employment processes and humanitarian cases with complete confidence.

How a criminal record will affect your immigration case

March 27, 2025 12:00 AM

by Dahiru Waziri As an immigrant, having a criminal record places one on very unstable ground. In a system that can be very unforgiving, even the smallest mistakes can have severe consequences. In this blog, we explore how an immigrant's criminal record can affect them in the future and some ways to manage a troubled past. However,

The EB-2 National Interest Waiver (NIW) is a specific immigrant visa category that allows individuals with advanced degrees or exceptional abilities in their field to obtain a U.S. green card without requiring a job offer from a U.S. employer or a labor certification. Its primary benefit is bypassing the often lengthy and complex labor certification process, which can be a significant hurdle for many employment-based visa applicants. Here are the key benefits of the EB-2 National Interest Waiver: 1. **No Job Offer or Labor Certification Required:** This is the most significant advantage. Unlike most other employment-based green card categories (like EB-2 with a job offer or EB-3), you do not need a U.S. employer to sponsor you for the NIW. You also don't need to go through the PERM labor certification process, which involves testing the U.S. labor market to prove no qualified U.S. workers are available for the position. This can save a substantial amount of time and effort. 2. **Self-Petitioning:** Because no employer sponsorship is needed, you can self-petition for the EB-2 NIW. This means you have direct control over the application process. 3. **Significant Contributions to the U.S.:** The core of the NIW is demonstrating that your work is in the national interest of the United States. If you can prove this, the government waives the standard requirements. This allows individuals whose contributions are deemed vital to the country's welfare, economy, education, healthcare, technology, or other critical sectors to immigrate. 4. **Flexibility in Future Employment:** Once you obtain your green card through the NIW, you are not tied to a specific employer or position. You have the freedom to work for any employer, start your own business, or pursue different opportunities within your field in the U.S. 5. **Faster Processing (Potentially):** While not guaranteed, bypassing the labor certification process can sometimes lead to faster adjudication of the I-140 petition compared to other employment-based categories that require PERM. However, overall processing times will still depend on USCIS caseloads and visa availability. 6. **Eligibility for Advanced Degrees or Exceptional Ability:** The EB-2 category itself has two main subcategories: * **Advanced Degree:** You possess an advanced degree (Master's or higher) or a Bachelor's degree plus at least five years of progressive work experience in your field. * **Exceptional Ability:** You have exceptional ability in the sciences, arts, or business, which is demonstrated by a level of expertise significantly above that ordinarily encountered in the field. 7. **Broad Definition of "National Interest":** The definition of "national interest" is broad and can encompass many fields. USCIS has stated it can include areas such as: * Improving the U.S. economy. * Advancing education. * Improving healthcare. * Promoting scientific or technological innovation. * Promoting U.S. culture (e.g., artists). * Creating jobs. **In summary, the EB-2 National Interest Waiver is a powerful option for highly qualified individuals who can demonstrate that their work will significantly benefit the United States. Its main draw is the elimination of the need for employer sponsorship and the labor certification process, offering a more direct path to a U.S. green card.**

October 25, 2023 12:00 AM

by Natalie McQuilkin Are you a foreign national with an advanced degree or a bachelor’s degree and post-graduate experience? Or have you been the brains behind important projects in your field? Would your work in the United States serve in the national interest of the country? If you answered yes to any of these questions, chances are, you’re a likely

Explore Resources

  • Coming to the United States
  • Keeping your family together
  • Staying safe from violence
  • Addressing past immigration issues
  • Becoming a Permanent Resident
  • Coming to the United States
  • Keeping your family together
  • Staying safe from violence
  • Addressing past immigration issues
  • Becoming a Permanent Resident
  • Coming to the United States
  • Keeping your family together
  • Staying safe from violence
  • Addressing past immigration issues
  • Becoming a Permanent Resident