Options
General Information
H1B Application
TN Visa
National Interest Waiver
Labor Certification/PR Application
L-1 Visa Application
E-1/E-2 Visa Application
Service Charges
Direction to Our Office
Write to Us
|
National Interest Waiver
EB-2 National Interest Waivers
Data Sheet
Both professionals with advanced degrees and people of exceptional ability may seek waivers of the job offer requirement if their immigration could be deemed in the "national interest." INA § 203(b)(2)(A) and (B), 8 USC § 1153(b)(2) and (B).
Waiver of the job offer means the applicant is exempt from obtaining a labor certification and does not need am employer in the United States to file a petition.
In a number or recent nonprecedent AAU decisions, the INS has said the following criteria may be used to determine national interest, but not all of the criteria need be met:
- Improving the U.S. economy;
- Improving wages and working conditions of U.S. workers;
- Improving education and training programs for U.S. children and underqualified workers;
- Improving health care;
- Providing more affordable housing for young and/or older, poorer U.S. residents;
- Improving the environment of the United States and making more productive use of natural resources; or
- A request from an interested U.S. Government agency.
These criteria have recently been called the "Mississippi Phosphate" factors as they first appeared in a decision involving an employee of a company by this name." It is important to document how the applicant meets one or more of these criteria.
Go to Top
- Your overseas address (in English and your native language)
- Date and place of birth (city and country)
- Spouse (if married): name, address and nationality
- Children (if any): names, dates and places of birth, present addresses
- Social Security Number (yours, spouse's, and children's)
Documents to be Submitted
- Copy of I-94 Card (Both sides), I-20 (if you are a F-1 holder)
- Names and addresses of Universities you attended and field of study (From: mo/yr To: mo/yr)
- Copy of passport (pages indicating date & place of birth, visa issued by U.S. Government, passport number and expiration date).
- Your Publication/Research Paper/Abstract
- Your Resume
- Statement/Letter from your Employer about your job title, duties and pay
- Recommendation letters
Basic Requirements for H-1B Petition
- Beneficiary must have a Bachelor's degree or equivalency in a related field to the job offer.
- Job offer must be professional in nature (specialty occupation).
Go to Top
|