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3
National Interest Waivers
The
second employment-based preference applies to those aliens who possess
advanced degrees in professional fields or who have exception ability
in the arts, business, or sciences. One of the requirements of this
preference is a job offer. However, the INS may waive this requirement
if admitting the alien would be in the national interest.
What
factors are considered to determine whether admitting an alien would
be in the U.S.Ős interest?
ˇ An interested U.S. government agency requests that the alien be
admitted.
ˇ By admitting the alien, improvements to training and educational
programs benefiting U.S. underqualified workers and children will
be made.
ˇ The alien will help improve health care.
ˇ Admission of the alien will provide more affordable housing for
poor, aged, or young U.S. residents.
ˇ The alien's admission will improve the environment and lead to
better usage of natural resources.
ˇ The American economy will be benefited by the admission of the
alien.
ˇ The alien's admission will improve the working conditions and
wages for American workers.
Aliens
who are successful in obtaining a national interest waiver tend
to present cases which establish them has having some kind of unique
experience, skill, or knowledge which sets them apart from their
peers. If an applicant merely submits documents stating that he
possesses a certain level of competence, he is likely to be denied.
Similarly,
supporting letters attesting to the alien's expertise will be scrutinized.
The credentials of the authors who write such letters will be examined
and reviewed to determine whether they are truly qualified to evaluate
the alien's work. Be aware that the INS has become increasingly
strict as to what it considers to be in the national interest. Applications
that would've been approved a few years ago, are now being denied.
If
the alien is able to obtain these letters, they will be put together
with the following documents to complete the application for second
employment-based through the national interest waiver.
1.
INS Form I-140: this is the Immigrant Petition for Alien Worker.
2. Form ETA 750, Part B
3. Letter from the alien's employer stating their support for the
petition.
4. Supporting letters evaluating the alien's work from qualified
experts.
5. Documents indicating that the alien meets the job requirements.
6. Filing fee of $115.00 (subject to change)
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