National Interest Waivers

National Interest Waiver

A National Interest Waiver is typically granted to applicants who have “exceptional ability” and whose employment in the United States would greatly benefit the nation. Normally, an employment-based immigration petition requires a permanent job offer and an approved labor certification. However, this requirement can be waived if you can demonstrate that your employment is in the “national interest” of the United States.

For the National Interest Waiver, you must be able to show that you plan on working in the United States in an area of substantial intrinsic merit, the proposed impact of your work is national in scope, and that waiving the labor certification requirement would benefit the national interests of the United States.

If you have questions regarding National Interest Waivers, please contact Frank Martinez.

Physician National Interest Waiver

Similar to a standard National Interest Waiver, a Physician National Interest Waiver is a waiver of the labor certification usually required for an employment-based immigration petition. One way to demonstrate the “national interest” is to agree to work for a period of time in a designated underserved area. You would need to agree to work full-time in clinical practice, either in primary care or as a specialist, and serve in a Health Professional Shortage Area or a Medically Underserved Area. For most petitions, the required period of service is five years.

If you have questions regarding Physician National Interest Waivers, please contact Frank Martinez.