Braverman & Lin, P.C.
Toll Free: 800.237.8331
Tel: 703.243.1474
Fax: 703.243.1494
E-mail: info@ocho.com
full-service immigration and naturalization law firm
 

immigration   INFORMATION CENTER

 

information  Immigrant Visas information  Employment-Based Sponsorship

NATIONAL INTEREST WAIVER

Foreign nationals, who are a member of the professions holding advanced degrees and have exceptional ability in the arts, sciences or business, may file I-140 visa petition directly with the INS, if the work by the foreign nationals are in the "national interest". Foreign nationals are not required to file a labor certification application with the DOL.

To meet the national interest waiver standard, foreign nationals must establish that:

  • Employment in an area of substantial intrinsic merit
  • Proposed benefit will be national in scope
  • National interest of the alien's employment outweighs the national interest of labor cert. process
 
Document List:
 
  • Curriculum vitae
  • Diplomas and transcripts
  • Detailed description of your contribution and how it will revolutionize your field of endeavor
  • Any background information in support of your contribution
  • Evidence that the benefit from your contribution will be national in scope. Evidence may include the following:
     
    • Recommendation letters from well-known scientists/researchers explaining, in their own words, about your contribution, and how it will benefit the nation as a whole. Getting recommendation letters from federal agencies will greatly help your case because it directly speaks on the issue of national interest.
    • Newspaper articles or professional journals describing your contribution and technology as being critical to the U.S.
    • Any other evidence from independence sources about your contribution.
  •  
  • Evidence that you are an exceptional alien. In other words, to force the employer to conduct the alien labor certification application will be time consuming and completely unnecessary because they cannot find another US worker to replace you easily without disruption to your research/projects. We must, therefore, show that you are an exceptional alien when compared to US workers in the same field.
  • Evidence of your past record that will justify projections of future benefit to the national interest (i.e. recognition from industry, government, private sectors, academic field, etc.)
  • Evidence that you will serve the national interest to a greater degree than an available US worker would.
  • Completed ETA9089 forms
 
 

 
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main office Main Office
 
Braverman & Lin, PC

4001 N. 9th Street
Suite 222
Arlington, VA 22203
Phone: (703)243-1474
 

SubOffice SubOffice
Charlottesville Immigration Law Center

226 Douglas Avenue
Charlottesville, VA 22902
Phone: (434)220-2799

 

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