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National Interest Waiver Attorneys in San Diego

April 29, 2020

In most circumstances of employment-based immigration, a U.S. firm must sponsor a foreign worker. Demonstrating a potential employer-employee relationship, as well as, in some situations, labor certification for the sponsored position, is an important part of the application process. Furthermore, if you are self-employed and the owner of your own business, you may not be eligible for the standard employer-sponsored immigration application.

The criterion for a genuine job offer can, in some situations, be removed. You can self-petition if you are eligible for a National Interest Waiver, which means you can file Form I-140, Petition for Alien Worker, with USCIS. Our legal experts at Jacobs & Schlesinger can examine your circumstances and decide if you qualify for a National Interest Waiver. After that, we can assist you with every stage of the application procedure.

National Interest Waiver Jobs: Who Can Qualify?

To qualify for a National Interest Waiver, you will first need to meet the basic requirements of an employment-based immigrant visa.

Specifically, you will need to demonstrate either:

• an advanced degree (or foreign equivalent) that your prospective employer requires; or

• a unique talent in the sciences, arts, or business (significantly above what is normally encountered in your field).

If you can demonstrate either an advanced degree or exceptional ability, you may qualify for a National Interest Waiver if:

• your proposed project has both value and national significance;

• you are in a good position to develop or finish this project; and

•waiving the prerequisites for a job offer and accompanying labor certification (i.e. substantially enhancing the US economy, welfare, or cultural/educational interests) would be in the best interests of the United States.

If you qualify, your green card application could be processed much faster than usual. However, your chances of success are lower than if you followed the conventional labor certification and employer sponsorship procedures. Working closely with a knowledgeable San Diego immigration attorney is essential due to the additional requirements and lower approval rate. We have decades of combined expertise at Jacobs & Schlesinger, and we know exactly what USCIS will look for in order to obtain a National Interest Waiver.

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      • Are you an existing client?