National Interest Waiver Guide-USCIS Requirements and Application Process

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National Interest Waivers:

National Interest Waivers are involved in the employment based immigration second preference EB-2 category (Click Here for a complete description of EB-2 visas). Under normal conditions, labor certification is required in EB-2 visa cases, in which the U.S. employer must show that there are no qualified U.S. employees to fill the position offered. In the case of a National Interest Waivers, the labor certification process is waived, if it is in the best interest of the United States. National Interest Waivers are most commonly granted to those than can prove that they have exceptional ability, and that their employment in the United States will greatly benefit the U.S. economy. In the application process, the alien must show that they have exceptional ability in a field that can substantially benefit the nation and its people. National Interest Waivers are most commonly granted to prominent researchers and professors whose work has great social and economic potential for citizens of the United States. The applicant must show that if labor certification were required, the United States would suffer a loss that could otherwise be prevented if labor certification were waived.

Applicants that wish to obtain a national interest waiver are able to self-petition themselves for the EB-2 visa and do not need an employer to sponsor them. EB-2 applicants obtaining a National Interest Waiver are able to file Form I-140 Petition for Alien Worker, on their own behalf. Since EB-2 National Interest Waiver petitions do not require a job offer, university professors that do not possess a tenure track position may self-petition themselves for a National Interest Waiver petition. This provides a great U.S. visa option for non-tenure track professors. National Interest Waivers have become increasingly more difficult to obtain since 1998. An attorney may represent your EB-2 National Interest Waiver case, and careful review of your application by an attorney may increase your chances of approval.

At the time of filing your I-140 petition, you may directly file your Form I-485, Application to Register Permanent Residence or Adjust Status, thus applicants that can avoid the labor certification process by obtaining a National Interest Waiver may quickly obtain a green card. Those that are born in mainland-China or India, as well as physicians applying for National Interest Waivers, are unable to submit Form I-485 at the same time of filing Form I-140.

National Interest Waivers for Physicians: Immigration Options for Physicians

Physicians applying for EB-2 visas may obtain a National Interest Waiver. In order to qualify, the physician must commonly show that they will work in an underserved area in the United States, for a period of 5 years.

Physicians may obtain a National Interest Waiver if they meet the Following Eligibility Requirements:

Physicians must provide evidence that they will obtain a full-time position in clinical practice, and provide their services for at least 5 years
Physicians must either work in primary care, or work as a specialty physician. Primary care includes family practitioners, general practitioners, pediatricians, internists, obstetricians/gynecologists, and psychiatrists
Physicians applying for National interest waivers must practice in one of the following areas: designated Health Professional Shortage Areas (HPSA), Medically Underserved Areas (MUA), Physician Scarcity Areas (PSA-in the case of specialists), Mental Health Professional Area (MHPSA-for psychiatrists), or Veterans Affairs facilities
Attestation-in the form of a statement from a federal agency or state department of health, confirming that you have the appropriate qualifications to practice in your field, including academic degrees and accomplishments in your field

Green Cards for National Interest Waiver Physicians:

Physicians may apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. Physicians must provide evidence that they have served for a period of 5 years in the region indicated in their initial application. In some cases, 3 years will suffice. In addition, the applicant must file Form I-485 no more than 120 days after they have completed their 3-5 year service requirement.
In addition to providing evidence of service, a physician must include the following documentation when applying for a green card (permanent residence).

A copy of Form I-797, the approval notice of your I-140
An approved copy of Form I-612, Application for Waiver of Foreign Residence Requirement, in which foreign residence requirements are waived
A copy of Form G-325A (Biographic Information)
A copy of any I-797 approval notices, if you have extended your stay or changed status
A copy of Form I-20 or IAP 66 school records
2 passport-style color photos
A complete copy of your passport, including any previous visas
A complete copy of your birth certificate
Completed Form I-692, Medical Examination and Vaccination Record
The I-485 application fee of $985 USD and $85 biometric fee, totaling in $1070 USD
If you have an attorney representing you, then Form G-28 should be included

Click Here for a complete description of EB-2 visas