The National Interest Waiver allows certain highly skilled foreign national workers to bypass the standard PERM process and obtain a green card without requiring a labor certification. To get a national interest waiver, the person applying must show that their work is in the best interest of the United States. Andres Mejer Law is experienced in national interest waiver applications, immigration law, family immigration, and family law and can help you determine if you are eligible for this waiver. We deeply understand the national interest waiver process and can guide you through every step of the application process. Contact our New Jersey immigration law firm today if you are interested in applying for a national interest waiver. We would be happy to answer any questions about the process and help you get started on your immigration application.

Why do I need a National Interest Waiver Attorney in New Jersey?

So, you’ve decided that you want to apply for a National Interest Waiver (NIW) in New Jersey. Congratulations! This is a great way to get your green card and live permanently in the United States. But, before you start the process, you will need a good New Jersey national interest waiver attorney on your side. What makes the best lawyer for a national interest waiver? First and foremost, they should be knowledgeable about national interest waivers and the immigration process in general. They should also be able to communicate the requirements for a national interest waiver, immigration appeals, and immigration review and help you put together a strong application. Finally, they should be proactive and aggressive when protecting your interests and fighting for your rights. Our law firm believes that we have the best national interest waiver attorneys in New Jersey. Our attorneys are knowledgeable, experienced, and dedicated to getting our clients the best possible outcome in their immigration cases. We will work with you every step to ensure that your application is complete and meets all the requirements for your green card’s approval. Contact our law office today to learn more about how we can help you get your green card through the national interest waiver program.

What is a National Interest Waiver?

A national interest waiver (NIW) allows certain foreign national workers to bypass the usual labor certification process required for employment-based permanent residency in the United States. The national interest waiver is available to foreign national workers who can demonstrate that their work will be in the national interest of the United States. To qualify for a national interest waiver, an immigrant must demonstrate that they have an advanced degree or its equivalent or exceptional ability in the sciences, arts, or business. The immigrant must then show that it is in their national interest to waive the labor certification process. Most of the time, the national interest waiver is only given to people whose work will help the United States in a big way. An experienced immigration attorney can help you determine eligibility for this type of waiver and assist you with the application process. If you are interested in learning more about the national interest waiver and how it could benefit you, contact a national interest waiver attorney in New Jersey today.

What are the legal criteria for NIW?

For an applicant to qualify for an NIW, they must prove that their work is in the national interest of the United States, as opposed to just being in the interest of their specific field or company. This may seem complicated at first, but applicants can make strong cases for why their work is good for the United States with the help of our New Jersey national interest waiver lawyers. Furthermore, the I-485 Adjustment of Status requirements applies to any candidate who will apply for a green card once their EB-2 NIW is approved. These legal requirements include:

• That the applicant has never been permitted unchecked entry into the United States;
• that the applicant has never overstayed a visa or been deported from the United States;
• That there is no likelihood that the petitioner will become a public charge
• The applicant has never been a member of or linked with a totalitarian party (or Nazi party);
• The candidate has never been involved in drug trafficking or smuggling.
• The applicant complies with all health-related regulations.

Once it has been proven that waiving the labor certification requirements would be in the national interest, the USCIS will likely approve the application. This will allow the applicant to permanently get their green card and live and work in the United States.

What is the NIW Applicants’ 3-Step Prong?

1. Your proposed endeavor will have a significant impact on the United States. This can be in the form of a local or regional effect that can be seen immediately.
2. You are well-positioned to carry out the planned venture based on your credentials and expertise.
3. It would be good for the US not to get the EB-2 category certified by the DOL.

Documents Required (for NIW Application)

• I-140 Form Completed as Self Petitioner
• University Transcripts.
• Three recommendation letters.
• Awards, certificates, licenses, and other credentials
• Pay stubs (USCIS will seek to confirm that the applicants’ salaries were competitive in their respective professions).
• Additional proof of academic success 

Examining the NIW Application Timeline

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