A foreign national may self petition and apply for permanent residence status (Green Card) without the need for a sponsoring employer. This is accomplished by seeking a waiver of the offer of employment by establishing that his (her) admission to permanent residence would be of National Interest.
The procedure is to file the case with evidence to establish that the your admission to the United States for Permanent Residence would be in the national interest.
Labor Certification required: A big plus since PERM petitions are taking approximately 18 months for certification.
You may file this Petition on your own behalf meaning you don’t need a U.S. company to be your sponsor.
The beneficiary of a National Interest Waiver petition must qualify as either an “Advanced Degree Professional” or an “Alien of Exceptional Ability“.
To qualify for the National Interest Waiver under the Advanced Degree Professional category, the applicant must possess an advanced degree (Master’s Degree, MD or PhD) or its foreign equivalent (Trustforte and others can perform the academic evaluation of a foreign degree).
A Bachelor’s degree and five years of progressive work experience in a professional occupation also satisfies the qualification requirement of an advanced degree.
To qualify for the National Interest Waiver under the Alien of Exceptional Ability category, the applicant must demonstrate exceptional ability in the sciences, arts, or business, through at least three of the following:
A Bachelor’s degree and five years of progressive work experience in a professional occupation also satisfies the qualification requirement of an advanced degree.
An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability.
Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought.
A license to practice the profession or certification for a particular profession or occupation.
Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability.
Evidence of membership in professional associations; and/or.
Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Many National Interest Waiver petitions are filed by Postdoctoral Researchers. The following is a summary of the most important evidence to submit:
Letters of Recommendation.
Peer Reviewed Publications.
Cited Publications.
Conference Presentations.
Matter of Dhanasar is the legal case the helps set forth the guidelines for the requirements and criteria to establish a successful National Interest Waiver petition.
In the Dhanasar case, the court held that the following three criteria must be met:
The foreign national’s proposed endeavor has both substantial merit, and the benefits are national in scope.
The foreign national is well-positioned to advance the proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.
Some of the more popular fields include business, entrepreneurialism, science, technology, health, culture or education.
Copy of Advanced Degree and University Transcripts.
Letters of support from peers.
Publications.
List of Citations.
National and/or International awards.
Speaking Invitations.
Memberships in industry or research organizations (only if membership is restrictive).
Invitations to judge or review the work of peers.
List and description of Patents (or patents pending).
Media coverage (if applicable).
On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.
Presentations at national and international conferences and/or seminars.
Cover Letter explaining the applicant’s achievements and benefit to the national interest.
Obtaining copies of all college degrees, transcripts, and diplomas is recommended.
USCIS does not specify a minimum number of publications required, as a general rule we recommend at least 5.
Again, USCIS does not specify a minimum number of publications required, however citations are strongly weighted so the more you have the stronger your case will be. Google Scholar tracks citations to your publications.
There is no minimum number of letters required by USCIS.In general we recommend at least 5 strong letters.
