National Interest Waiver (NIW)

Applicants holding advanced degrees or possess exceptional ability may apply for immigrant visa through the second preference (EB-2) employment category, which generally requires a labor certification for this category.  This requirement can be waived if the applicant can demonstrate that granting the EB-2 petition is in the national interest.
In order to file an NIW petition, the applicant must demonstrate that he is seeking work in an area of substantial intrinsic merit to the US; that the benefit from the applicant’s work will be national in scope; and that such national interest would be adversely affected if a Labor Certification were required for the applicant.
There are two types of national interest waiver (NIW) applications: the standard case and the physician NIW.  In standard NIW cases, court decisions have established a list of factors that show the permanent resident's admission would be in the national interest:

• Improve the U.S. economy;
• Improve wages and working conditions for U.S. workers;
• Improve educational and training programs for U.S. children and under-qualified workers;
• Improve health care;
• Provide more affordable housing for young, aged, or poor U.S. residents;
• Improve the U.S. environment and lead to more productive use of the national resources; or
• Requested by an interested U.S. government agency.

Please contact our office http://stonehavenlaw.com/contact_us.html for a free consultation to determine if you are eligible for this visa category.

Physician NIW

The Nursing Relief Act of 1999 establishes special rules for requests for a national interest waiver that are filed by or on behalf of physicians.  To be eligible for a physician NIW, the foreign physician must:

1.       agree to work full-time for five years in areas known as Physician Scarcity Areas (PSAs) that have been designated by Heath and Human Services (HHS) as having a shortage of specialty-care health professionals. The three-year service periods for some J-1 waivers can count toward the five years of service required for the NIW.

2.       obtain a determination from a federal agency or a state department of health that has knowledge of the physician's qualifications, which states that the physician’s work is in the public interest.

Please contact our office http://stonehavenlaw.com/contact_us.html for a free consultation to determine if you are eligible for this visa category.  

Disclaimer: The information provided here is of a general nature.  It should not be construed as legal advice and does not constitute an engagement of the Stone Haven Law Group or establish an attorney-client relationship.