In recent years, obtaining a green card based on a National Interest Waiver application has become much more difficult. However, in very specific situations it is still an option that should be considered as a means of obtaining a green card without having to navigate through the lengthy and uncertain labor certification application process.
In order to qualify for a green card based on a National Interest Waiver, the following criteria must be established:
- Evidence that the benefits of the alien’s employment will be national in scope and that there is little or no adverse impact on the interests of other regions in the country; and,
- Evidence that the alien seeks employment in an area of substantial intrinsic merit. His/her employment must be important to the national interest of the United States. Additionally, the benefits of the alien’s employment should be immediately apparent to the national interests of the United States and,
- Evidence that the alien has a degree of expertise significantly above that ordinarily encountered in the field. To be considered in the national interest the alien must make a showing significantly above that necessary to prove the prospective national benefit required of all aliens seeking to qualify as exceptional; and,
- Evidence that the national interest would be adversely affected if a labor certification were required; and,
- Evidence that a national interest waiver is not being pursued based on a shortage of qualified workers in the field; and,
- If the alien holds a patent or is responsible for an innovation, then it must be demonstrated that the specific innovation serves the national interest; and,
- Evidence that the alien’s past record of achievement justifies projections of future benefit to the national interest and that the applicant’s ability will serve the national interest to a substantially greater extent than the majority of his or her colleagues.
If these criteria can be established a green card will be issued to an applicant based on a National Interest Waiver. The benefit of this type of application is the fact that there is no need for a job offer and as such a labor certification application to qualify for a green card in this category.
While most applicants no longer have the national interest waiver as a legitimate option, new regulations permit a primary care physician working in a Health Professional Shortage Area (HPSA) to apply for a national interest waiver and in so doing qualify for an employment based immigrant visa without the need for labor certification. A foreign physician may obtain a national interest waiver simply by establishing that he will be employed as a physician in a HPSA for five years. As a result, the national interest waiver is an excellent opportunity for a primary care physician to obtain a green card without having to navigate through the lengthy and uncertain labor certification application process.
If you would like to explore your specific green card options please send a request to us at:
Leibl and Kirkwood PC
12625 High Bluff Drive
San Diego, CA 92130
Tel. (858) 481-5211
Fax. (858) 481-7271