Friday, October 8, 2010

National Interest Waivers Provide Individuals with Permanent Status

A foreign national may apply for lawful permanent residence status (green card), and seek a waiver of the job offer and labor certification requirements, by establishing that his or her admission to permanent residence would be in the National Interest. The applicant must establish that his/her proposed services will be in an area of substantial intrinsic merit and will have a national benefit, and that the alien has some track record of success in his or her field.

In deciding whether the proposed work will be in an area of substantial intrinsic merit, factors that have been considered in successful cases include, whether the work will improve the U.S. economy, improve healthcare, or improve the U.S. environment and lead to more productive use of the national resources.

In addition to requiring the showing of a benefit that is national in scope, national interest cases require that the emphasis rest with the overall value and potential of the particular beneficiary’s individual contribution to the United States. Many of the National Interest Waivers that have been approved were supported by affidavits from well-known, distinguished and influential people or organizations. Strong National Interest Waiver cases also document past achievements. They may include proof, for example, that the foreign national has already created jobs, has turned around a business, has created an increase in exports, has published articles in scholarly journals, or has made presentations at symposia.

By way of example, a Researcher Professional working on potential drug therapy for autism gain a national interest waiver. The researcher had been part of a team of researchers who had investigating a particular drug for several years. In addition to performing research, the applicant was a medical doctor and would be instrumental when it came to moving the research to the clinical stage. She had also be the first author on 3 articles that the research group had published.

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