There are two forms of legal permanent pathways that bypass both the labor certification and job offer requirements:
- EB-1 immigrant petitions for managers, executives, outstanding researchers or professors, and people with extraordinary achievements; and
- EB-2 immigrant petitions for advanced degree holders and people with exceptional ability who obtain an NIW.
EB-2 petitioners can bypass the often-burdensome PERM Labor Certification process by stating that a "national interest waiver" should be given to the foreign national. The National Interest Waiver (NIW) allows a foreign national to "self-petition," and file an I-140 on behalf of himself without the intervention of an employer and a request for labor certification.
EB-2 National Interest Waiver Requirements
The first prerequisite is that the foreign national must demonstrate that his or her proposed endeavor is deemed to be of substantial merit and national significance. The proposed endeavor can be in the field of business, science, technology, health, culture, or education. Quantifiable proof of economic effect may not need to be present, although it may support the case. It must be borne in mind that fulfilling this requirement does not produce a comprehensive approval and there is room for subjectivity on the part of the Immigration Officer.
The second prerequisite is that the foreign national must be willing to drive the planned endeavor forward. This implies that the Service would look at factors such as the educational history of the alien, experience, relevant ability, a record of similar accomplishments, present progress, and a success plan for the alien. Petitioners would not be expected to show that their initiative will succeed, but rather that if the opportunity occurs, they are prepared to make it succeed.
The final condition is that the applicant must provide proof that the U.S. will benefit from the balance to waive the conditions for an EB-2 work offer. "On balance" clearly indicates that the benefits of waiving the provision for the work offer outweigh the benefits of not waiving it.
How Our Immigration Lawyers Can Help
Our seasoned immigration lawyers in Dallas have considerable experience in complicated cases of job immigration and are ready to assist you with any complexities that may arise in your NIW case. If you would like to talk with one of our experts, feel free to follow us or arrange a detailed consultation.
Call (844) 299-5003 to schedule a consultation or contact us online.
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