National Interest Waiver: Not just for Scientists

jobs-and-occupations.jpgA big question that many people have, before even asking if they would qualify for a National Interest Waiver application, is can I even file one considering that I am a [fill in the blank with your profession].  You may be surprised that, for the most part, the answer is “Yes, people in that profession can apply for a National Interest Waiver”.  Business people, engineers, researchers, some computer people as well – all these professions (and many more) can work with the National Interest Waiver.

First, before discussing how they qualify, let me explain what the National Interest Waiver is and why people want to file that application.  The National Interest Waiver is what is called a self-sponsored application – that is an application in which the beneficiary (the foreign national) is also the petitioner.  This means NO employer or family member is needed to sponsor you.  To qualify, a foreign national must show that their proposed endeavor (the work they want to do in the US) is of substantial merit and national importance.  The must also show that they are well positioned to carry out the proposed endeavor and that it would be beneficial to the National Interest to waive the job requirement.

As you can see from the requirements, a business person who can show that their past business activities helped the US economy or helped employ people, or affected how other businesses operate can show that they meet all three categories as listed above (please note, I did not say that it is guaranteed that they can meet the three categories, just that such a position has the potential of meeting all three categories.  It always will come down to that actual evidence the person is able to get).  The same holds true for other areas as well.  Even engineers and computer personnel who may not publish their work may still be able to make a good case for the National Interest Waiver.  Under the new standard, it is not only research and discoveries that are looked at but entrepreneurship is also looked at for its ability to help our economy and lower unemployment.

There are some limitation, however.  For example, a chef working at a 5 star restaurant, regardless of their renown, etc. would have a hard time showing that their work is in the National Interest.  A painter/artist would similarly have a hard time showing that they qualify for a National Interest Waiver, as would a programmer for a company with 50 other programmers who does not do anything special at that company. What it comes down to is that it is what you do in your occupation rather than the occupation you are in that matters for the National Interest Waiver. That means that people in ANY occupation COULD qualify.  For example, an artist who starts to work in art therapy and publishes on the techniques they use, or who opens up a business and hires US Citizens, etc.  This is really the same for any occupation – because, as stated above, any occupation can do activities that would fit within the National Interest framework – it is just not quite as straight forward or easy for certain occupations.  If you have any question, or wish us to review your CV to see if you could qualify in this category, please do not hesitate to call or email me.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.


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