REQUESTED DATA FOR EMPLOYER BASED 2 PETITION

NATIONAL INTEREST WAIVER

I. QUALIFICATION FOR "NATIONAL INTEREST WAIVER"

The National Interest Waiver Category provides a method whereby a person of exceptional ability OR the holder of an advanced degree can apply for an immigrant visa without a pre-existing offer of employment. An advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of a baccalaureate. This category is reserved for persons who meet one or the other of the above AND can show his/her presence in this country would substantially benefit the economy, health-related fields, education, etc.

There are three steps in determining if you meet the requirements for the National Interest Category:

1. First of all, do you meet the threshold qualifications?

a. Do you have an advanced degree? This part is easy if you have a degree which has been evaluated as equivalent to a US advanced degree (i.e. higher than a Bachelor's Degree). We can also submit an undergraduate degree as long as there are enough years of "progressive" experience to complement it;

OR

b. Are you an individual of exceptional ability? Three out of six alternative evidentiary criteria must be met. However, the more evidence you provide, the easier it will be for the Service to rule in your favor. The six criteria are:

i. Education at least equivalent to a Bachelor's Degree;

ii. 10 years of experience in the occupation for which you are seeking employment;

iii. License to practice if required;

iv. Command of a relatively high salary;

v. Membership in professional associations;

vi. Recognition of achievements and significant contributions by peers in the field.

(If none of these apply to you, you can submit other documentary evidence that will establish your eligibility).

2. Next, the Service decides if you have shown you will "significantly" benefit this country in one of several different categories. This showing is above that necessary to prove the prospective national benefit required of Exceptional Ability Aliens seeking EB1 classification. The possible categories include the following:

a. Have you talents, skills or experience that would benefit the U.S. economy (including trade with other nations)?

b. Will your work in the U.S. create jobs, improve wages or working conditions of U.S. employees?

c. Will you improve the quality of education or training programs for U.S. children and/or underqualified workers?

d. Can you serve to provide more affordable housing or medical treatment for U.S. workers?

e. Can you improve the environment of the U.S. and/or make more productive use of our natural resources?

f. Has an interested U.S. Government Agency here requested your presence in the U.S?

g. Do you engage in research or work that will increase the public health or safety?

3. The final determination is whether you have documented specific contributions that constitute a "proven track record" and whether these contributions amount to a recognizable national interest?

The seven criteria listed above under Number 2 are designed to give you an indication of the type of persons who would fit the National Interest profile. Positive responses to this type of question, and anything else you can add, will serve to prove that your presence and work in the U.S. will benefit the national community in some way. However, this list is not explicitly found in the statute and is not exclusive of other types of benefit.

We will require documentation about your field and the need for your services. This documentation is extremely crucial in the National Interest Waiver category. The Service will not simply take our word that your presence will significantly benefit the United States. The types of supporting documentation are varied. The documentation we provide does not have to be about you specifically but can include newspaper or journal articles, books, or even copies of documentary video tapes about the field and the necessity of your type of expertise to that field. For example, a school teacher seeking employment in an urban, low-income school district could provide newspaper articles describing the financial need of the district in which s/he is interested in working, articles regarding the socio-economic and ethnic make-up of the school district, the difficulties schools encounter finding teachers for these types of students and schools, etc. A business expert could provide copies of contracts with major corporations or bank statements documenting substantial business activity. These ideas are not exhaustive and are simply meant to give you an idea of what has been used in the past in successful National Interest cases.

One good way to show your contribution to your field is through letters of reference from experts in the field who have either worked with you or know of your work through their own research. The letters must indicate what original contributions you have made to the field. It is helpful if the author can describe specifically what your contributions were and possible applications of the contributions to the U.S. The author of the letter should attach his/her resume to the letter, if available.

Upon receipt of the above information and documentation, we will put together a detailed letter supporting the permanent resident visa petition. A draft of this statement will be sent to you to review and make any additions and changes. Once the letter has been finalized, it will be sent to you for signature. Once we have it back, we will send it along with all your supporting documentation to the appropriate INS Service Center.

In order to facilitate the process, please also complete the following questionnaire.


II. INFORMATION ABOUT YOU

Your full name: (underline last name)
Male/Female: / List any other name(s) used:
Present address:
Zip/Postal Code
Home telephone: / Work telephone:
Date of birth: Month Day Year Country of citizenship
Place of birth: City Country
Social Security Number:
Marital status: ¨ Never married ¨ Married ¨ Divorced ¨ Separated ¨ Widowed
Provide consulate to be notified for consular processing, even if you do not plan to apply for your visa abroad at this time: City Country
Date of last entrance to U.S. Type of Visa
Month / Day / Year
City of arrival Airline you took
I-94 # Expiration
Permanent address outside the United States: (please list dates to & from - month/day/year)
Dates of prior periods of stay in the United States for the last 6 years and type of visa you had during those periods:
Have you ever been in the U.S. as a J-1 visitor?
If yes, what is your A#: F Please submit all Forms IAP-66
Has an immigrant visa petition ever been filed by or in your behalf?
If yes, where was it filed?
Please provide information regarding the petitioner and whether the petition was approved:
Passport Number: Country of issuance:
Expiration Date: Nonimmigrant visa number:

III. INFORMATION ABOUT YOUR FAMILY (if applicable)

Spouse
Name:
Address:
Date & Place of birth:
Social Security Number:
Date of last entrance to U.S.: Type of Visa:
City of arrival: Airline:
Passport Number: Country of issuance:
Expiration Date: Nonimmigrant visa number:
Permanent Address Abroad:
Dates of prior H1/H4 stays in the U.S. (last 6 years):
Child # 1
Name:
Address:
Date & Place of birth:
Social Security Number:
Date of last entrance to U.S.: Type of Visa:
Passport Number: Country of issuance:
Expiration Date: Nonimmigrant visa number:
Child # 2
Name:
Address:
Date & Place of birth:
Social Security Number:
Date of last entrance to U.S.: Type of Visa:
Passport Number: Country of issuance:
Expiration Date: Nonimmigrant visa number:
Child # 3
Name:
Address:
Date & Place of birth:
Social Security Number:
Date of last entrance to U.S.: Type of Visa:
Passport Number: Country of issuance:
Expiration Date: Nonimmigrant visa number:
Child # 4
Name:
Address:
Date & Place of birth:
Social Security Number:
Date of last entrance to U.S.: Type of Visa:
Passport Number: Country of issuance:
Expiration Date: Nonimmigrant visa number:

IV. DOCUMENTS YOU WILL NEED TO PROVIDE:

In addition to the documentation requested regarding your qualifications for the "National Interest Waiver" please provide the following additional documents:

• Copies of all degrees (if not already provided to our office).

• Copy of your current Form(s) I-94 for you, your spouse and children (if applicable);

• Copies of all passports.

V. WHAT IS THE NEXT STEP?

Once you have provided all of the information to me, I will file the visa petition with the Immigration and Naturalization Service (INS). The processing time varies. Once the INS approves the petition, we will then commence processing the application for permanent residency/immigrant visa through an INS office in the United States or a U.S. Consulate/Embassy abroad. The processing of this application is also dependent on whether your priority date is current for the visa bulletin. At this time, the Category 1 for Employment Based Visas is current for all countries. Assuming that you or your family members have never worked illegally in the United States, and that your status has not expired, you will have a choice as to where you would like to have your interview. Processing through the INS offices in the United States is generally quicker than processing through the overseas United States Consulates. Please note that, if you choose to and you are eligible to have your interview in the U.S., you will need to obtain permission from the INS to travel while you are waiting for your interview. However, one of the advantages of processing in the U.S. is that all of your family members can obtain a work authorization document once the visa application is filed. IT IS IMPORTANT THAT YOU INFORM ME WHERE YOU WOULD LIKE THE INTERVIEW TO TAKE PLACE.

F I would like to process my visa application in:

VI. DOCUMENTATION FOR THE FINAL STAGE

You must obtain birth certificates for all family members who will be immigrating with you. Our office can have them translated if they are not in English. We will also need a copy of your marriage certificate and divorce decrees, if you or your spouse were previously married. Please obtain these documents as soon as possible, if you do not already have them! If anyone in your family was admitted to the United States as an F-1 student, he/she must have maintained a full course of study and will need to submit all educational transcripts and Forms I-20ID.