About the the National Interest Waiver:

An alien may seek a waiver of the offer of employment and apply for a Green Card (permanent residence status), by establishing that his or her approval to permanent residence is in the “National Interest?

A rule or statutory standard about what will qualify an alien for a National Interest Waiver does not exist. Each case is considered by the INS on an individual basis.

The applicant has to to file the case with evidence to establish that his or her admission to the United States for Permanent Residence would be in the national interest.

Who qualifies?

In successful cases, factors that have been considered, include:

• The alien’s admission will improve the U.S. economy.

• The alien’s admission will improve educational and training programs for U.S. children and/or underqualified workers.

• The alien’s admission will improve wages and working conditions of U.S. Workers.

• The alien’s admission will provide cheaper housing for young, aged, or poor U.S. residents.

• The alien’s admission will lead to more productive use of the national resources and improve the U.S. environment.

• An interested U.S. government agency requests the alien’s admission.

National Interest Waivers have been approved in a large number of cases, in which the application was supported by affidavits from well-known, influential and established people or organizations. An application which is submitted for a scientist, for example, should contain affidavits from leading scientists, representatives, and from other organizations which are connected with the kind of research to be pursued. Another important factor for an application approval are documentations of past achievements, as well as proof that the alien has already created jobs, turned around a business or created an increase in exports or other economic improvements should prove .

Below you find a note from the INS Texas Service Center:

• Those seeking qualification for a waiver of labor certification based on services considered in the national interest must make a showing significantly above that to prove “prospective national benefit? required of all aliens seeking qualification as exceptional.  It applies only to aliens who will substantially benefit prospectively the national economy, cultural or educational interests or welfare of the United States.

• National interest cases require that the emphasis rest with the overall value and potential of the beneficiary’s individual contribution to the U.S. -- not the fact that they are working in a field of “high national interest.?nbsp;  The alien may qualify by being found to be a “key? or  “critical?member of a team if it can be shown that the team function would be severely impaired without this member.  Merely working in an area of national interest does not necessitate a finding of national interest qualification.

• We highly recommend the submission of better testimonial letters from substantial, recognized national or international organizations/institutes/ government agencies with the expertise to definitely say that the work or contribution of the individual truly is in the national interest.  The authors of these third-party testimonial letters should clearly state how they came to be familiar with the alien’s work.

• When accompanied by these improved “advisory opinions?and when focused on the individual, time will be saved and returns for evidence will be reduced.  Also, placing the testimonial evidence with the attorney/petitioner summary letters at the front directly beneath the Form  I-140 will eliminate examiner time spent wading through academics articles, field surveys, general reports, etc., which often add minimal weight to bolster the claim for his/her specific achievements or individual national interest potential.

• We see many claims for graduate students who have not had enough time or experience as a researcher or engineer in order to qualify for E21 category and have done little, outside the work required to complete their degree.  Often the claim is made that their area of research is so potentially “cutting edge?or so significant that it must be in the national interest.  In accordance with established criteria, it should be very difficult for the above-described person to qualify—the class is not designed for all graduate researchers to qualify.

• Our officers look for realistic evidence of “substantial prospective benefit?to a national interest item or agenda which specifically sets the alien apart from others in the field.

What kind of supporting documents are required?

You need to proof the evidence of a one-time achievement (i.e., a major, internationally-recognized award), or at least three of the following:

• receipt of nationally or internationally recognized lesser awards or prizes for excellence in your field of endeavor,

• membership in associations in your field, which require exceptional achievements as judged by respected national or international experts, published material about the alien in professional or major trade publications or other major media,

• participation on a panel or individually as a judge of the work of others in your field or an allied field,

• original scientific, artistic, scholarly, athletic, or business-related contributions of major significance in your field,

• authorship of scholarly articles in the field, in professional or major trade publications or other major media,

• display of the alien's work at showcases or artistic exhibitions,

• evidence that the alien has been active in a critical or leading role for organizations or establishments that have a distinguished reputation,

• evidence that the alien has commanded a high salary or other high remuneration for his or her services, or

• evidence of commercial successes in the performing arts, to be shown by box office receipts or record, compact disk, cassette, or video sales.

If the requirements mentioned above do not readily apply to the alien's occupation, you may submit comparable evidence in order to establish the alien's eligibility.

How long will it take?

It takes approximately 2-6 months to obtain a decision from the INS.

How much does it cost?

The American Immigration Network attorney fee is $4,500. $3,500 is required to begin the case & $1,000 is due upon INS approval.
+ INS fee
+ translation fee if necessary

How can USA Visa Center help me?

We have great experience in obtaining approval for our clients in the fields of Business and Industry, Performing Arts and Science and Technology.

We will be valuable for you in knowing about what the INS requires at all stages of the application procedure. By helping you gather the correct supporting evidence, we will present your case in the best possible light.

We will only accept cases we feel will have a high chance of INS approval, as our attorneys will spend a significant amount of time and energy on your application.

We will be glad to show previous approvals, which our office has obtained for our clients.