Immigration Law

Your Trusted Advocate

Helping Individuals Waive The Labor Certificates Requirement

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States.  Particularly, members of the professions holding an advanced degree or its equivalent or foreign nationals with exceptional ability may be eligible for an EB-2 visa, without the need of a labor certificate or a permanent job offer (which means that an individual could self-petition).

According to USCIS, to prove exceptional ability, the applicant must meet three of the following criteria:

  • Official academic record showing the attainment of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
  • Letters documenting at least 10 years of full-time experience in the occupation
  • A license or certification to practice the profession or occupation
  • Evidence of commanding a salary or other remuneration for services that demonstrates exceptional ability
  • Membership in a professional association(s)
  • Recognition for the achievements and significant contributions to the industry or field by the applicant’s peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.

Moreover, when evaluating a request for an EB2 NIW, the foreign national is required to prove the following:

  • The proposed endeavor is of substantial merit and national importance;
  • The applicant is well-positioned to advance the proposed work; and
  • It would be beneficial to waive the job requirement of the applicant.

At Capstone Law, LLC, our attorneys offer more than 25 years of combined experience in helping physicians immigrate to the U.S. Located in Birmingham, we work with employers throughout the country and medical practitioners around the world to secure physician NIWs and explore other immigration options. As accomplished employment law attorneys, we can also assist you with the overlapping employment issues you may face.

What To Know About NIWs

Generally, the two major hurdles to immigrating to the United States are securing permanent labor certification and a job offer in the U.S. However, the NIW is based on achievement and allow an individual to obtain a Green Card by doing work that is considered in the national interest or by showing a record of achievement in the field of employment. With an NIW, you are eligible to self-petition.

Granted, these steps are much easier said than done. The numerous administrative proceedings and bureaucratic red tape are perplexing, even for the savviest of physicians and employers. At Capstone Law, LLC, we have successfully obtained NIWs for dozens of individuals. With our thorough immigration law practice, we can expedite the time until you are practicing in the U.S.

Learn More About Immigration Options – Free Consultations

It costs nothing to reach out to Capstone Law, LLC, and discuss immigration law with us, since we offer complimentary consultations. Our wise, skilled advice is just a phone call or email away. To contact us, you can call 659-977-3388 or send us an email.

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