Bringing top talent to the United States to perform work has tremendous benefits to the foreign national and hiring company, as well as the country that the work is in. To promote the opportunity for skilled workers from around the globe to become permanent residents, immigration laws allow for a National Interest Waiver (NIW) to make it easier for some professionals to move to the U.S. permanently.
Employment-based immigration generally involves the employer going through a three-stage process, including Program Electronic Management Review System (PERM) certification. However, the Attorney General can waive the labor certification requirement if it is in the national interest to do so. The process of obtaining this waiver can be a difficult one, and it benefits both employers and foreign workers to get help from an experienced Ohio immigration lawyer. Law offices of Varun Luthra can help.
The NIW is generally available in circumstances where a worker would be eligible for residency under the EB2 preference category. Because a NIW streamlines the process that a foreign national must take to become a permanent resident (and that a company must take to sponsor the immigrant), the NIW is available only in cases where it benefits the national interest to make immigration easier.
In order to be eligible for a NIW, it is essential that the applicant for the waiver demonstrate that:
The benefits associated with the employment of the foreign worker will be national in scope.
The foreign national will be working in an area or field with substantial intrinsic merit that benefits the national interests of the U.S.
A significant benefit will be derived from the applicant’s participating in the field.
The benefits of the foreign national doing the work considerably outweighs the inherent interest the U.S. has in protecting its own workers through the PERM certification process.
To succeed in today’s economy, it is necessary for businesses to think globally and not just locally. This means finding the very best person to do the job and making it possible for that skilled worker to use his specialized knowledge in a country that presents the best opportunities.
National interest waivers provide enormous benefits in making it possible for companies to do their work that benefits the national interest by bringing in the talent they need from around the globe. While the waiver cuts down on the steps needed for employment-based immigration, it is still essential that the application for the waiver be done right.
Law offices of Varun Luthra has successfully helped many clients with employment-based immigration and we know the ins-and-outs of applying for national interest waivers. Call us today to speak with a Ohio immigration lawyer and learn how we can help you.
You can reach us at – 410-446-7744
