Contact

Iranian Immigration Lawyers

ContactOpen NavigationOpen Search
  • Home
  • EB Green Card
    • EB-5
      • EB5 Application process
    • EB-1 Green card
    • EB-2 Green Card
    • NIW Green Card
  • Family Based Green Card
  • Employment Visa
    • E1 Visa
    • E2 Visa
    • H1B Visa
    • L Visa
    • O1 Visa
    • P1 Visa
    • TN Visa
    • R1 Visa
  • Non-Employment Visa
    • Fiancé Visa
    • B1/B2 Visa
    • J1 Visa
    • Student Visa
  • Asylum
  • Contact Us
  • فارسی

Iranian NIW Immigration Lawyer

September 10, 2011 by admin

National Interest Waiver Green Card Iranian Immigration Lawyer and Qualified Person

A national interest waiver is for advanced degree/exceptional ability workers who are seeking an exemption from the labor certification process and job offer requirement. The labor certification process is discussed in the EB2 and EB3 overview. To be qualified for a national interest waiver, in addition to meeting the requirements for EB2, the worker’s presence must prospectively substantially benefit the national economy, cultural or educational interests, or welfare of the United States.

There is not specific statutory definition of “national interest,” however a petitioner should confirm many relevant societal benefits of tangible national interest. A successful NIW applicant must satisfy a three-pronged test to be granted a waiver of the labor certification requirement.

The three pronged test that California Immigration Attorney follows:

i) The applicant must work in an area that has “substantial intrinsic merit”–another way of saying that a reasonable person would agree that the work is important,

ii) the work has applications of national scope, and

iii) the applicant’s continued work in this area, by nature of his or her proven accomplishments and potential to make future contributions, justifies waiver of the labor certification requirement. In other words, granting the waiver of the labor certification outweighs the inherent value of preserving job opportunities for U.S. workers.

مهاجرت به آمریکا و گرین کارت آمریکا برای افراد با مدارک عالیه منافع ملی‌

Iranian Immigration Lawyer & Process of Obtaining an EB2 Visa Based on a National Interest Waiver

Often, there is no wait time for EB2, unless you are from a country where the visa numbers are retrogressed. If the priority date is current, you would be able to obtain a green card as quickly as you would, had you qualified for an EB1 class petition. The process can be completed in a matter of months.

Advantages and Limitations of National Interest Waivers

As previously mentioned, the process for obtaining EB2 with a national interest waiver can be faster than other employment based green card petitions. Additionally, there is no need to test the US job market and a job offer is not required.

National interest waivers are only appropriate under limited circumstances. Often, the likelihood of success through the labor certification process is substantially higher.

Immigration Attorney Role in a National Interest Waiver Petition

As previously mentioned, national interest waivers are only appropriate under limited circumstances. An experienced immigration attorney will be able to assess your eligibility for a national interest waiver, as well as ensure the quality of documentation submitted. In cases where the national benefit is not very clear, an attorney will be able to creatively present a convincing case to qualify the applicant for a waiver.

Contact Our Iranian NIW Immigration Lawyer:

To discuss National Interest Waiver (NIW) applications and other alternatives with an experienced California immigration Attorney from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

Filed Under: Immigration

Back to top ▴

Find us on Facebook

Practice Areas

  • Home
  • EB Green Card
    • EB-5
      • EB5 Application process
    • EB-1 Green card
    • EB-2 Green Card
    • NIW Green Card
  • Family Based Green Card
  • Employment Visa
    • E1 Visa
    • E2 Visa
    • H1B Visa
    • L Visa
    • O1 Visa
    • P1 Visa
    • TN Visa
    • R1 Visa
  • Non-Employment Visa
    • Fiancé Visa
    • B1/B2 Visa
    • J1 Visa
    • Student Visa
  • Asylum
  • Contact Us
  • فارسی

Office Location


Aria Law Group

260 Sheridan Avenue, Suite 200

Palo Alto, CA 94306

Phone: +1.650.485.2058

Follow Us!

Copyright © 2015 . Aria Law Group