National Interest Waivers

The National Interest Waiver is a fast-track method of obtaining permanent residency. Unlike other methods of obtaining permanent residency, the national interest waiver does not require an employer to file the petition on the foreign national's behalf. The thrust of this process is to determine whether the foreign national's work is in the national interest.

NATIONAL INTEREST CRITERIA:

  • The employment must be in an area of substantial and intrinsic merit.
  • The benefit of the employment must be national in scope.
  • The national interest would be adversely affected if a labor certification is required.

PROCEDURE

The first step in the process is filing the I-140 petition with the USCIS Service Center having jurisdiction over where the foreign national resides. Along with the petition is a supporting letter and documentary evidence that the work to be performed is in the national interest. Upon approval of the I-140 petition, the primary beneficiary along with any dependents is permitted to file for permanent residency.