National Interest Waiver Petitions

National Interest Waiver Petitions

Foreign nationals who are members of the professions holding advanced degrees or individuals with exceptional ability in the arts, sciences or business who would like to become permanent residents of the U.S. may be able to skip the labor certification process if they can demonstrate work is in the “national interest.”  There are two types of “National Interest Waiver” petitions, one for physicians, and one for all other petitions.

The United States Citizenship and Immigration Service (“USCIS”) has implemented a 3-part test for evaluating an application for a waiver of the labor certification requirements based on whether an foreign national’s work is in the “national interest”:  (1) the foreign national’s proposed work must have both substantial merit and national importance; (2) the foreign national must be well positioned to advance the proposed endeavor; and (3) on balance the services of the foreign national will benefit the United States in ways that merit a waiver of the normal requirements of a job offer and PERM a labor certification.

Foreign national physicians seeking a national interest must meet the following requirements:  (1) the physician must agree to work full-time in a clinical practice for a five-year period;  (2) the physician must agree to and be qualified to work in family or general medicine, pediatrics, general internal medicine, obstetrics/gynecology or psychiatry; (3) the physician must serve in a Health Professional Shortage Area (HPSA), Medically Underserved Area (MUA), or a Veterans Affairs Facility; (4) psychiatrists must agree to serve in a Mental Health Professional Area (MHPSA); and (5) the physician must obtain a determination from a federal agency or state department of health that has knowledge of the physician’s qualifications that states that the physician’s work is in the public interest.

If you would like to consult with an experienced HSPRD attorney about obtaining permanent residence status for yourself or for an employee through a National Interest Waiver, please contact our Firm at (312) 239-7675 or info@chicagovisalawyers.com

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