WARNING: THIS INFORMATION IS OUT OF DATE AS A RESULT OF Matter of DHANASAR. Case information is downloadable here: https://www.justice.gov/eoir/page/file/920996/download How do I know if I qualify for an NIW Petition?Requirements for someone applying for National Interest Waivers: EB2! *To apply for this waiver, you must be a foreign nationl with an advanced degree or it’s equivalent, or a foreign national with an exceptional ability in the sciences, arts or business. Normally, in order to petition for employment-based immigration, you need a permanent job offer and an approved labor certificate. However, there is always an exception to every rule. The practice of law is riddled with many rules - and with every rule there is an exception. In this case, a National Interest Waiver, also called an EB2 (NIW or an EB2 NIW), is a petition an applicant can apply for, which waives the need for a labor certificate or a job offer from a United States employer. There are of course requirements that must be met in order to be eligible for this waiver application. You as the foreign national, have the burden of proving the following on your application. The requirement test is known as the NYSDOT test. You must show that you work in an area of “substantial intrinsic merit”, meaning, you are someone with an advanced degree or its equivalent, or are a foreign national with an exceptional ability in the sciences, arts or business. Secondly you are required prove that your work, although it might be limited to a particular geographical area, the impact will be national in scope. Lastly, you must prove that by waiving this labor certification requirement, you would be benefitting the national interests of the United States. Again, you may do so by attaching copies of published articles recognizing your achievements; copies of grants or funding you may have received for your work, and documents proving how others have implemented your work. If you meet all of these requirements, you may apply for permanent residence for yourself, your spouse and your children under 21 years of age. Once the applicant files the permanent residence application, the spouse may then also apply for work permits and travel documents to use while the petition is pending. Due to the complexity and high standards involved with NIW petitions, we urge you to seek legal assistance. If you have any questions about your eligibility for the NIW, please do not hesitate to contact us through our website www.arvandlaw.com or by calling us directly at 212-323-7435. The Law Office of M. Ray Arvand, PC The Standard Oil Building 26 Broadway, 21st Fl. New York, NY 10004 212-323-7435 www.arvandlaw.com
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