If you are a foreign scientist applying for an EB visa, you may not be willing to wait before beginning your research in the United States. In some cases, waiting for visa approval can negatively affect the quality and benefits of your work—especially when you must wait for official labor certification.

 

Luckily, USCIS has provided a way for researchers, scientists, and other academics to come to the U.S. as soon as possible in order to benefit the nation. Under the National Interest Waiver (NIW) for EB visas, foreign nationals may bypass the labor certification process and obtain permanent U.S. residence more quickly.

There are three things applicants must do to qualify for the EB visa National Interest Waiver:

  • Demonstrate that you will be working in the U.S. in an area of substantial intrinsic merit. You may submit a letter describing the nature and importance of your work, as well as published articles and letters from experts in your field discussing the benefits of your work.
  • Show how the impact of your work will benefit the entire nation. Published articles, or media evidence, and copies of contracts, patents, or licenses may help demonstrate how your work serves the national interest more efficiently than others in your field.
  • Explain how the national interest would suffer if labor certification were required. You may demonstrate the necessity of a waiver by showing how your work or technology is already being implemented by U.S. companies.

 

To find out if you qualify for the EB visa National Interest Waiver, contact the San Francisco EB-1 attorneys at the Law Offices of Vaughan de Kirby today at 415-221-2345. You can also get instant information by clicking the link on this page for our FREE report on the EB-1 green card visa.

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