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Green cards through the National Interest Waiver


The second employment-based preference applies to those aliens who possess advanced degrees in professional fields or who have exception ability in the arts, business, or sciences. One of the requirements of this preference is a job offer. However, the INS may waive this requirement if admitting the alien would be in the national interest.

What factors are considered to determine whether admitting an alien would be in the U.S.ís interest?

  • An interested U.S. government agency requests that the alien be admitted.

  • By admitting the alien, improvements to training and educational programs benefiting U.S. underqualified workers and children will be made.

  • The alien will help improve health care.

  • Admission of the alien will provide more affordable housing for poor, aged, or young U.S. residents.

  • The alien's admission will improve the environment and lead to better usage of natural resources.

  • The American economy will be benefited by the admission of the alien.

  • The alien's admission will improve the working conditions and wages for American workers

Aliens who are successful in obtaining a national interest waiver tend to present cases which establish them has having some kind of unique experience, skill, or knowledge which sets them apart from their peers. If an applicant merely submits documents stating that he possesses a certain level of competence, he is likely to be denied. 

Similarly, supporting letters attesting to the alien's expertise will be scrutinized. The credentials of the authors who write such letters will be examined and reviewed to determine whether they are truly qualified to evaluate the alien's work.  Be aware that the INS has become increasingly strict as to what it considers to be in the national interest.  Applications that would've been approved a few years ago, are now being denied. 

If the alien is able to obtain these letters, they will be put together with the following documents to complete the application for second employment-based through the national interest waiver.

  1. INS Form I-140: this is the Immigrant Petition for Alien Worker.

  2. Form ETA 750, Part B

  3. Letter from the alien's employer stating their support for the petition.

  4. Supporting letters evaluating the alien's work from qualified experts.

  5. Documents indicating that the alien meets the job requirements.

  6. Filing fee of $115.00 (subject to change)

What are the 1998 NYDOT standards for national interest waivers? 



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