US National Interest Waiver Green Card Services and Information
Gainesville Florida immigration attorney Richard Ruth provides US National Interest Waiver Green Card services to individuals with advanced degrees or exceptional ability whose work benefits the national interests of the United States. For a consultation fee of $40 per 20 minutes, I can answer your specific US National Interest Waiver green card petition questions. For international clients, I offer consults and services via e-mail, video conferencing and telephonically. For clients close to Gainesville Florida in person consultations are another option. For National Interest Waiver employment-based green card services and related consular processing followup where applicable, our flat attorney fee is $3,995 in most cases, plus USCIS filing fees, consular visa fees, and costs.
Overview of National Interest Waiver Employment Green Card Process
The general employment-based green card process is discussed on a separate page on this website. On that page, the typical labor certification process with the Department of Labor is discussed in detail. However, some employees, based upon a proven track record of exceptional success or possession of an advanced degree, coupled with knowledge and work that is of substantial benefit to the national interests of the United States, can bypass the labor certification process by requesting a National Interest Waiver with the I-140 Immigrant Worker petition.
The USCIS takes a very strict view of National Interest Waiver petitions. It is a common avenue for employees seeking to self-petition, or for employers seeking to evade the cumbersome labor certification process. For that reason, the USCIS each year receives many petitions that do not meet its strict criteria for a National Interest Waiver. It is absolutely critical, for a NIW petition to have the best chance of success, for substantial supporting documentation to be submitted, which clearly illustrates that all eligibility criteria are met.
When evaluating a National Interest Waiver petition case, the USCIS uses the elements established in a famous Administrative Appeals Office decision called New York State Department of Transportation (“NYDOT”). In that case, three elements must be met for a NIW Petition to be successful. First, the employee must be planning to work in the United States in an area of substantial intrinsic merit. Second, the impact of the employee’s work must be national in scope. And third, it must be shown that waiver of the labor certification requirement would be in the national interests of the United States.
Generic, non-specific documentation is not sufficient to support a successful NIW Petition. Each year, we meet with several clients desiring to pursue a National Interest Waiver. When reviewing their initial documentation, we see many generic letters “highly recommending” an employee for a national interest waiver, but lacking exacting specificity that the USCIS requires, to show that the elements of the NYDOT test is met. Part of my service in NIW cases is to assist a client with the preparation and gathering of sufficient documentation that is required by the USCIS under the NYDOT standards to ensure the best chance of success. If such evidence cannot be gathered at the moment because the employee’s credentials do not yet support a NIW case, then I have an honest conversation with the client about a plan of attack to get to the point where a NIW petition would be possible.
To set up an initial consultation to discuss any questions you have about your possible National Interest Waiver petition case or our National Interest Waiver Green Card Services, please e-mail us today and attorney Richard Ruth will be happy to speak to you!