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Provisional Waiver Attorneys

EB-2(1): National Interest Waiver

The immigration attorneys at Federal Practice Group are experienced in assisting with the application for EB-2(1) visas. If you are interested in applying for a National Interest Waiver, please find the information below.

Those with at least a master’s degree are most often awarded National Interest Waivers.  It may also be acceptable to have five or more years of applicable experience with only a bachelor’s degree.  While the EB-2 category generally requires labor certification, an exemption from the labor certification requirement may be obtained if it can be established that the individual’s work is in the national interest.

The Immigration Service considers seven factors to determine whether or not your work is in the nation’s interest:

  1. Improving the U.S. economy.
  2. Improving wages and working conditions for U.S. workers.
  3. Improving education and programs for U.S. children and under-qualified workers.
  4. Improving healthcare.
  5. Providing more affordable housing.
  6. Improving the U.S. environment and creating more productive uses for natural resources.
  7. An interested government agency request.

Other existing factors that might benefit the United States can and should be presented to the Immigration Service.

It should also be noted that the Immigration Service has wide discretion and can therefore approve the case outright, send it back for more information, or deny the case on any reasoning it sees fit.

 For more information about qualifying for the National Interest Waiver, please contact our law office to schedule a consultation with one of our immigration attorneys.



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