National Interest Waiver

National Interest Waiver

Most individuals seeking permanent residence (a green card) through employment are required to have a job offer and to undertake the labor certification (PERM) process. There are exceptions for some individuals including those who can demonstrate that they have an advanced degree and that it is in the national interest for USCIS to waiver the labor certification and job offer requirements. A successful national interest waiver will show that the applicant seeks employment in an area of substantial intrinsic merit, that the benefit of the applicant’s work will be national in scope, and that the national interest would be adversely affected if a labor certification were required. To put it in plain language, a successful application will show what is important about an applicant’s work, how the work impacts the lives of Americans, and what makes the applicant unique or special when compared to other workers.

The National Interest Waiver provides a way to self-petition for permanent residence, and it can be a great avenue for researchers and professionals in all fields. A successful application requires lots of thought and preparation. Gasparian Spivey Immigration has great experience with these types of petitions – from scientists to artists. Our involved and hands on approach ensures that the best case is presented to USCIS.