National Interest Waiver (EB2)

Part 2

Question: I am a highly qualified software engineer with a Masters degree and several patents filed or pending. I have not filed for my green card as yet, but I hope to file and get it approved as soon as possible. What are my options? My employer does not want to go through the tedious recruitment process of a labor certification.

Answer: This section discusses the second option, of filing the National Interest Waiver.

If you do not qualify for EB1, you may still be able to waive the labor certification process while applying in the second employment base preference category. This is the more common category as most high-tech workers qualify in this category. This preference category includes those holding advanced degrees or those having exceptional ability. In order to be considered in the national interest it is necessary to show that the foreigner is seeking employment in a field that has an intrinsic merit to the U.S.; that the beneficiary’s activities have national benefits; and that requiring a Labor Certification will adversely affect the national interest.

Despite the recent economic turmoil, NIW is regularly filed for scholars, researchers with PhDs or doing their post-doctoral work and other advanced degree professionals.


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