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EB-2 National Interest Waiver

Usually, if a company is sponsoring a foreign employee in the EB-2 category, the employer has to

go through the labor certification or PERM process, that is, to advertise the job and demonstrate that

there are no qualified U.S. employees to fill the position offered. However, if an employee or worker

qualifies for a National Interest Waivers, either the foreign worker or the petitioner can submit a visa

petition without having to go through the labor certification process, if USCIS deems the alien’s

qualifications and work to be in the U.S. national interest. The employer or alien must prove that

their employment in the United States will greatly benefit the U.S. economy, health care, education,

or other important area on a national scale. The alien must normally show that they have

exceptional ability in a particular field and that it is in the nation’s interest not to require labor

certification. A great deal of documentation and proof is required. The Woog Law Office has

obtained national interest waivers for professors and scientists, among other worthy cases.

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