If you intend to immigrate to the U.S. to further your career, you will typically need an employer to sponsor you. Additionally, your prospective employer must obtain a permanent labor certification from the U.S. Department of Labor on your behalf.
The good news is that, in some cases, you may be eligible to bypass the certification process and apply directly for a visa with the help of a Phoenix national interest waiver (NIW) lawyer. If you can show that your admission to the U.S. is in the national interest, a dedicated employment immigration attorney may be able to help you obtain a green card without going through the certification process.
A dedicated attorney could help you by answering questions about NIW eligibility. But not everyone intending to work in the U.S. is eligible for a waiver. Those who are not eligible will need an employer to sponsor them and must go through the permanent labor certification process.
First, you must qualify for an EB-2 visa. While having the labor certification process waived is one step toward immigrating to the U.S., you will still need to be eligible for an employment-based visa program. Under the EB-2 visa program, you must either hold an advanced degree or demonstrate exceptional ability in your field.
Once you meet the visa requirements, there are three additional steps before you can qualify for a waiver. First, you must work in a field that has “substantial intrinsic merit.” Such fields may include healthcare or technology. Second, the benefit of your presence in this country must be “national in scope,” which means addressing a need that impacts the entire country.
Finally, applicants must show they can serve the national interest to a substantial degree. The purpose of these requirements is to limit waivers to situations where they will have a major impact. Our National Interest Waiver attorneys in Phoenix could advise you on when this might be the case.
When applying for a National Interest Waiver with the help of a Phoenix attorney, your chances of success will depend on several factors, including your line of work. Certain professions are more likely than others to benefit the U.S. on a strategic level.
There is a shortage of healthcare specialists, especially nurses, physicians, and surgeons. This issue will become more severe in the coming years as the population ages. Waivers are often granted to address healthcare shortfalls, especially in parts of the country that already lack adequate care.
The government will also consider waivers for certain entrepreneurs, depending on their track record of job creation. If they have a history of fostering economic growth, the federal government may provide a business leader with a path to citizenship.
Technological innovations are as valuable as ever, and the U.S. can benefit from having those breakthroughs occur domestically. Individuals known for innovating in technology and IT often qualify for waivers.
If your experience and employment history can benefit the U.S.’s national interest, you might be entitled to a waiver from permanent labor certification. This could save you time and money while eliminating the need for employer sponsorship.
Let a Phoenix national interest waiver (NIW) lawyer assess your situation and advise you of your options. Contact us today at New Frontier Immigration Law to discuss your qualifications.
