National Interest Waiver in New Jersey
National Interest Waiver Attorney in Eatontown, New Jersey
National Interest Waiver Attorney
The National Interest Waiver allows certain highly skilled foreign national workers to bypass the standard PERM process and obtain a green card without requiring a labor certification. To get a national interest waiver, the person applying must show that their work is in the best interest of the United States.
Andres Mejer Law is experienced in national interest waiver applications, immigration law, family immigration, and family law and can help you determine if you are eligible for this waiver. We deeply understand the national interest waiver process and can guide you through every step of the application process.
Contact our New Jersey immigration law firm today if you are interested in applying for a national interest waiver. We would be happy to answer any questions about the process and help you get started on your immigration application.
Why do I need a National Interest Waiver Attorney in New Jersey?
So, you’ve decided that you want to apply for a National Interest Waiver (NIW) in New Jersey. Congratulations! This is a great way to get your green card and live permanently in the United States. But, before you start the process, you will need a good New Jersey national interest waiver attorney on your side.
What makes the best lawyer for a national interest waiver?
First and foremost, they should be knowledgeable about national interest waivers and the immigration process in general. They should also be able to communicate the requirements for a national interest waiver, immigration appeals, and immigration review and help you put together a strong application. Finally, they should be proactive and aggressive when protecting your interests and fighting for your rights.
Our law firm believes that we have the best national interest waiver attorneys in New Jersey. Our attorneys are knowledgeable, experienced, and dedicated to getting our clients the best possible outcome in their immigration cases.
We will work with you every step to ensure that your application is complete and meets all the requirements for your green card’s approval. Contact our law office today to learn more about how we can help you get your green card through the national interest waiver program.
What is a National Interest Waiver?
A national interest waiver (NIW) allows certain foreign national workers to bypass the usual labor certification process required for employment-based permanent residency in the United States. The national interest waiver is available to foreign national workers who can demonstrate that their work will be in the national interest of the United States.
To qualify for a national interest waiver, an immigrant must demonstrate that they have an advanced degree or its equivalent or exceptional ability in the sciences, arts, or business. The immigrant must then show that it is in their national interest to waive the labor certification process. Most of the time, the national interest waiver is only given to people whose work will help the United States in a big way.
An experienced immigration attorney can help you determine eligibility for this type of waiver and assist you with the application process. If you are interested in learning more about the national interest waiver and how it could benefit you, contact a national interest waiver attorney in New Jersey today.
What are the legal criteria for NIW?
For an applicant to qualify for an NIW, they must prove that their work is in the national interest of the United States, as opposed to just being in the interest of their specific field or company. This may seem complicated at first, but applicants can make strong cases for why their work is good for the United States with the help of our New Jersey national interest waiver lawyers.
Furthermore, the I-485 Adjustment of Status requirements applies to any candidate who will apply for a green card once their EB-2 NIW is approved. These legal requirements include:
- That the applicant has never been permitted unchecked entry into the United States;
- that the applicant has never overstayed a visa or been deported from the United States;
- That there is no likelihood that the petitioner will become a public charge
- The applicant has never been a member of or linked with a totalitarian party (or Nazi party);
- The candidate has never been involved in drug trafficking or smuggling.
- The applicant complies with all health-related regulations.
Once it has been proven that waiving the labor certification requirements would be in the national interest, the USCIS will likely approve the application. This will allow the applicant to permanently get their green card and live and work in the United States.
What is the NIW Applicants’ 3-Step Prong?
If you’re planning to apply for a national interest waiver (NIW), it’s essential to understand the three-pronged approach that the USCIS will use to evaluate your petition. To be approved, you’ll need to provide evidence that:
- Your proposed endeavor will have a significant impact on the United States. This can be in the form of a local or regional effect that can be seen immediately.
- You are well-positioned to carry out the planned venture based on your credentials and expertise.
- It would be good for the US not to get the EB-2 category certified by the DOL.
An experienced national interest waiver attorney can help you create a strong petition that meets all three criteria. If you’re interested in pursuing an NIW in New Jersey, contact us today to learn more about how we can help you.
Documents Required (for NIW Application)
If you’re looking to apply for a national interest waiver, you’ll need to gather a few documents first. Here’s what you’ll need:
- I-140 Form Completed as Self Petitioner
- University Transcripts.
- Three recommendation letters.
- Awards, certificates, licenses, and other credentials
- Pay stubs (USCIS will seek to confirm that the applicants’ salaries were competitive in their respective professions).
- Additional proof of academic success
Of course, if you have any questions about what you should include or whether you qualify for a national interest waiver, it’s always best to consult with a national interest waiver, family immigration, or immigration law attorney in New Jersey. They will be able to help guide you through the process and ensure that your application is as strong as possible.
Examining the NIW Application Timeline
If you’re hoping to obtain a national interest waiver, there are specific steps you’ll need to take. First, you’ll need to submit an I-140 on your behalf. Once USCIS receives your application, you’ll need to wait two to three weeks.
Next, USCIS will respond with either an acceptance, rejection or RFE. If you receive an RFE, you’ll have the choice of whether or not to engage a lawyer to help gather more proof for your defense.
Once you submit your supporting data, you’ll need to wait for a final response to the initial RFE for 60 days. However, if you haven’t received a response after 90 days, please call the USCIS Contact Center.
Check the Visa Bulletin under EB-2 Second Preference to find your priority date. Lastly, once you have a visa number, send in your I-485 application. If you follow these steps, it will be easier for your application for a national interest waiver to be processed.
Call our Best Eaton National Interest Waiver Lawyer Now!
If you’re seeking a national interest waiver, Andres Mejer Law is here to help. We’re a national interest waiver attorney based in New Jersey, and we’ve helped numerous clients obtain waivers. We know the ins and outs of the process, and we’ll work tirelessly to get you the best possible outcome. Contact our law firm today to learn more about our services and how we can help you.
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