National Interest Waiver

Employment-based visas that lead to permanent residence in the U.S., or a green card, have several different preference groups with different eligibility requirements. Most of these preference groups require a foreign national to have a full-time job offer in the United States and the filing of a labor certification application with the Department of Labor to obtain an official certification from the government agency that there is a shortage in the U.S. workforce before being able to proceed with the green card process. A foreign national generally cannot sponsor themselves.  Employers may often be hesitant to sponsor a foreign national because the process can be expensive and time-consuming.

Fortunately, there are a few exceptions.  Under the second employment-based preference category, EB-2, a foreign national would not need a specific job offer or labor certification if he or she were eligible for a National Interest Waiver (NIW). To be eligible, a foreign national must demonstrate they are (1) a member of a profession holding an advanced degree (doctorate, masters, or bachelor’s degree with five years of progressive work experience); or (2) a foreign national of “exceptional ability” whose employment will be of the “national interest.”

There are evidentiary requirements for demonstrating a foreign national’s area of work will be of national interest, but neither Congress nor UCSIS has defined national interest in an attempt to allow the law to be as flexible as possible.

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Applying for a Fee Waiver

Overview

The U.S. Citizenship and Immigration Services (USCIS) receives a substantial portion of its funding through application fees but these fees can be a substantial barrier to certain foreign nationals and permanent residents, or green card holders. The USCIS recognizes the potential hardship and offers a fee waiver for certain application fees if an individual is able to demonstrate that he or she is unable to pay the filing fee.

All applications and forms are free and made available on the USCIS’s website. Included in the forms section of the USCIS’s website is the current filing fees. Application filing fees are updated periodically and any changes will be made available on the agency’s website. The fees were last updated on December 23, 2016.

A fee waiver – Form I-912 – is currently available for 31 applications, including Form N-600, Application for Certification of Citizenship; Form N-400, Application for Naturalization; and Form I-765, Application for Employment Authorization. Form I-912 and which forms qualify for a fee waiver are made available in the instructions PDF on the USCIS’s website.

Fee Waiver Requirements

 A fee waiver is available for an eligible form if the applicant can demonstrate any or all of the following: (1) the applicant, his/her spouse, or the head of the house household is currently receiving a means-tested benefit; (2) the applicant’s household income is at or below 150% of the Federal Poverty Guidelines at the time of filing; and (3) the applicant is currently experiencing financial hardship that prevents him or her from paying the filing fee.

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