NATIONAL INTEREST WAIVER PETITIONS (EB2)
SELF PETITION
(Legal Basis - Code Section – 8 CFR 204.5)
Exceptional Ability
No Job Offer Required
(Physicians or Scientists)
OR
5 Year Work Commitment
in Underserved Area
(Physicians)
Summary: With respect to physicians and scientists, the National Interest Waiver category (EB2) is divided into two subcategories.
(1) NO JOB OFFER REQUIRED - The first subcategory is concerned with highly talented physicians and scientists who are seeking to obtain the U.S. Green Card based on the claim that his/her immigration is in the U.S. national interest. In this subcategory, the applicant needs to submit substantial documentation to show that his/her permanent presence in the U.S. would substantially benefit this country in the field of medicine, science, etc. The physician/scientist is requesting a waiver of the job offer requirement based on national interest (hence the name 'national interest waiver'). No U.S. job offer is necessary.
-or-
(2) FIVE YEAR WORK COMMITMENT AS PHYSICIAN IN UNDERSERVED AREA, OR FIVE YEAR WORK COMMITMENT AT A VETERANS ADMINISTRATION USCISTITUTION. - The second subcategory concerns physicians already in the U.S. who have accepted positions to practice medicine in under served areas of the U.S. or for a facility operated by the Veterans Administration (VA). The basic requirements to obtain the U.S. Green Card based on this subcategory are further explained in the answer to question No. 6 below.
The National Interest Waiver category (EB2) is an excellent method of obtaining the U.S. Green Card. It is applicable to both physicians and scientists with exceptional qualification and achievements who are living outside the U.S., as well as physicians already in the U.S. Who have accepted positions in the U.S. in under served areas or at a Veterans Administration (VA) facility.
Our Experience: We typically prepare and file 150-200 immigrant petitions per year in this immigrant visa category with excellent success.
The Visa Queue: There is often a visa queue for this category for individuals from India, China, Mexico and the Philippines. Please see the current visa bulletin information on the home page for information as to whether a visa queue presently exists. If you are subject to a visa queue based on your country of birth, actual issuance of your Green Card may be delayed a few years. Even if you are subject to a visa queue, this category may be the suggested category in which to apply for a US Green Card. It may be worth the wait!
To Proceed Further: If you are interested in obtaining our opinion as to your eligibility for this category, please complete the online consultation form, send us an email, or give us a phone call.
Frequently Asked Questions About The National Interest Category
1. What is the National Interest Waiver and how does it differ from the Extraordinary Ability (EB1) category?
In order to qualify for the Green Card in the National Interest Wavier category, it must be shown that the individual possesses an exceptional level of skill in his/her field, and that the individual's admission to the U.S. would be in the U.S. National interest.
Unlike the extraordinary ability category, it is not necessary that the individual prove that he/she is one of the very best in the field; USCIStead, the individual need only prove that he/she possesses a level of skill significantly above that of his/her peers. However, the individual applying for the National Interest waiver must show that their presence in the U.S. would benefit the U.S. National interest to a greater degree than others in the field with similar qualifications. Overall, the requirements for application in the 'national interest' category are less stringent than the requirements in the 'extraordinary' ability category.
There is no rule or statutory standard as to what will qualify an alien for a National Interest Waiver. The USCIS considers each case on an individual basis.
2. How do I show that my immigration is in the U.S. National interest?
By making a strong argument and presenting documentation establishing that your permanent presence in the U.S.
3. What are the minimum requirements to qualify for application in this category?
We have found that physicians and scientists with demonstrated expertise qualify for application.
4. How are the national interest waiver cases adjudicated? What fields have the greatest chance of success?
The USCIS adjudicates these cases on a case-by-case basis, and there is no field which has a greater chance than any other field. The extent of an individual's expertise is often more important that the area of expertise.
5. What supporting documentation must be submitted to demonstrate national interest?
6. What are the requirements to obtain the U.S. Green Card in this category for physicians in the U.S. who have accepted positions in under served areas (or VA facilities)?
The specific eligibility requirements are:
Once the physician meets these requirements, he/she could apply for permanent residency in the U.S. Please note, however, that final approval of the U.S. Green Card will be delayed until the physician meets the required period of service.
A common question presented to us is whether this five-year practice requirement applies to physicians previously in J-1 status who have received a waiver of the two-year home residency requirement that he/she work for three-years specifically in H-1B status. The answer is yes.
Once the five-year practice requirement has been met, the physician then needs to provide proof of fulfillment of the service obligation within 120 days of the fifth year of service before the USCIS will grant final approval of the application for U.S. Green Card.
7. What is the time frame?
Expect 3-15 months for processing by the US Immigration Service. Please note that premium/expedited processing is not presently application to visa petitions filed in this category.
8. How do I proceed further? What are my chances for approval?
Forward your resume or CV to us for evaluation. We will thoroughly review your credentials and give you our opinion as to your chances of success. If we do not think that you do not have a reasonable chance of success in this category, we will tell you. We will accept only those cases for processing that we are confident that we can obtain approval.
9. How can the attorneys at MDgreencard.com assist me with this petition?
Our organization has a great deal of experience in preparing petitions in this category for highly qualified physicians and scientists. Our clients have included individuals from all areas of medicine and the sciences, including: medical researchers, clinicians, chemists, professors, and others. Due of the complexity of this type of petition, it is advisable to be represented by a qualified organization: not only to provide legal counseling with respect to the initial petition, but also to help you to navigate the entire process from start to finish which often includes dealing with several government agencies, and numerous laws and regulations.
10. What is your guarantee?
We guarantee that your petition will be prepared according to the highest and most stringent standards. We will take every step possible to secure approval for your case. Since we base a significant percentage of our fees on the approval of your case, you can be assured we will use 100% of our effort to achieve this outcome.