- First time H-2 visa applicants
USCIS Confirms Evidentiary Requirements for Physician National Interest Waiver
U.S. Citizenship and Immigration Services (USCIS) recently issued new policy guidance in the USCIS Policy Manual regarding the evidentiary requirements for physicians seeking a national interest waiver of the job offer requirement, based on work in underserved areas or at U.S. Department of Veterans Affairs facilities.
With this guidance, for physicians who have worked or
Practice Spotlight: I-140 Immigrant Petition Requesting a National Interest Waiver – Expedited Filing and Approval
The Greenberg Traurig team recently assisted a medical products client with a rush I-140 immigrant petition requesting a National Interest Waiver (NIW) to allow one of the client’s development engineers to extend their H-1B status beyond the six-year H-1B maximum. The employee’s PERM labor certification remained pending and the employee’s H-1B max out date was
USCIS Updates Guidance Adjudicating Requests for ‘National Interest Waiver’
On Jan. 21, 2022, U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance in the USCIS Policy Manual to address national interest waivers for advanced degree professionals or persons of exceptional ability. This update clarifies how the national interest waiver can be used by science, technology, engineering, and mathematics (STEM) graduates and entrepreneurs.
The
UPDATE: Waivers and National Interest Exceptions to the Travel bans from Certain Countries
The State Department has once again updated its guidance regarding those who qualify for travel ban exemption. The additional guidance expands the waiver criteria to include individuals who will provide vital support or executive direction for critical infrastructure or for significant economic activity. This new guidance will allow managers and executives in key industries to
Greenberg Traurig Attorneys Kate Kalmykov and Nataliya Rymer Featured in the Legal Intelligencer
Greenberg Traurig Attorneys Kate Kalmykov and Nataliya Rymer were recently featured in The Legal Intelligencer, the oldest daily law journal published in the United States, which serves the legal community of Philadelphia and surrounding areas. In their article, Kalmykov and Rymer discuss how the new National Interest Waiver standards will benefit U.S. employers and start-ups.
New Framework for Adjudicating National Interest Waivers
USCIS has established a new standard for adjudicating national interest waiver petitions by naming the Administration Appeals Office’s (AAO) Dec.27, 2016 decision, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), a precedent decision. This decision vacates Matter of New York State Dep’t of Transp., 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998), which established the previous analysis framework.
A national interest waiver may be available to immigrants eligible for an employment-based, second preference (EB-2) visa under section 203(b)(2)(B)(i) of the Immigration and Nationality Act (INA). The INA allows the Secretary of Homeland Security to discretionarily waive the requirement of a job offer and of a labor certification, which would otherwise be required to get the visa. To be eligible for the waiver, the foreign national beneficiary must first demonstrate that he or she qualifies as a member of the profession, holding an advanced degree or as an individual of exceptional ability. The beneficiary must then establish that it would be in the national interest to waive the job offer requirement.Continue Reading New Framework for Adjudicating National Interest Waivers
Greenberg Traurig’s Kate Kalmykov and Jordi S. Bayer Featured in The New Jersey Law Journal for their article on Green Cards
Kate Kalmykov, shareholder at Greenberg Traurig, and Jordi S. Bayer, associate at Greenberg Traurig, recently authored an article in the New Jersey Law Journal (NJLJ) discussing creative solutions for employers to sponsor foreign national employees for Green Cards. Kate and Jordi highlight the similarities and differences between Extraordinary Ability, Outstanding Researcher and National Interest Waiver