What Is an eb2 National Interest Waiver?

In general, application of secondary employment-based non-immigrant visa requires a labor certification process and a job offer. But a foreign national can also seek a waiver of both a job offer and permanent resident status by proving that his/her impending entry to permanent residency would be in the national interest of (x) or (y) a country that is of the foreign national interest waiver national interest. The term "national interest" means the interest of a nation as a whole, or the majority of its citizens as expressed in its immigration policies.

The United States immigration policy clearly states, "The national interest of the United States is served when immigrants are allowed to become naturalized citizens and when they are able to enjoy the full privileges of their own citizenship." In practical terms, what do these mean to an eb2 foreigner pursuing an immigration status in the U.S.? Both the worker and the employer would benefit from a streamlined application process that avoids unnecessary delays and reduces paperwork.

The first step in assessing the national interest of your potential guest is to establish whether or not he/she is eligible for approval of visa eligibility. To do this, you need to consider the national interest of the United States and assess the needs of your intended destination country. Are you planning to visit the United States on a temporary work opportunity? Are you intending to apply for an immigrant visa and work while in the U.S.? Do you intend to make a permanent move to the United States? Do you intend to return to your home country after your visa has been approved?

Once you have established the national interest of the United States, you will need to consider the employer's national interest. For instance, many businesses are concerned that a foreign worker will take up jobs that Americans are doing or will bring their tools and equipment home with them and sell them here. This is especially true for countries with a strong Workers' Compensation system that costs American employers millions of dollars every year because injured employees have to be treated in foreign hospitals and receive benefits. By waiving the application fee, you can be assured that your potential guest will be able to submit an application for work regardless of whether or not he/she plans to return to their home country. It will be a sad day for the American economy if foreign professionals choosing to stay in the United States under these conditions make up a large percentage of the workforce.

The second part of evaluating the national interest of a prospective visitor is to consider the language ability of the foreign professional. Each country will determine its own set of federal and state immigration rules and regulations. In addition, different languages are spoken around the world, which can cause problems when processing the EEO-1 visa request of a Spanish speaking individual. Your visa will be denied if your waiver request requires proof that the alien can communicate in a language other than English.

When processing national interest waiver cases that have a strong national interest component, it is important to remember that the U.S. government only has room for about 150 EEO visa applications a year. Therefore, if you have a compelling reason for being in the United States, it is often better to select a country with a lower unemployment rate. While your claim may still be denied, the number of applications submitted will be lower and therefore allow the processing time for your case to be significantly reduced. Conversely, if you select a country with a high unemployment rate but a low national interest level, your application may be approved but the wait time will be lengthy.

Another factor that goes into evaluating national interest waivers is whether or not the selected country is on the list of safe countries. If a country on the Visa Waiver Program's list of safe countries is not safe to travel to, then your application may be denied. As long as a country does not have an ongoing national security threat, then that country will likely be a good choice for your travel intentions. Keep in mind, however, that the United States government does not publicly release the national security threat assessment list, so you will need to consult with a private firm or reputable online travel agency to learn more about the safest countries to visit while applying for an EEO Visa.

The types of non-immigrant national interest waivers are diverse and include child participants in the green card process, specified domestic assistance programs, and foreign aid recipients. A national interest waiver will not necessarily prevent you from taking advantage of another type of non-immigrant visa, however. For instance, if you are a spouse of a U.S. citizen who applies for a green card, your application will likely be approved. This is because your marital relationship to a U.S. citizen is considered a positive factor when processing your green card application, allowing your spouse to stay in the country legally as a dependent.