The Immigration Act of 1990 created a new category for obtaining green cards.
If someone has exceptional ability in the arts, sciences or business AND those skills would be in the national interest, it is not necessary to have a labor certification before petitioning for permanent residence.
It is necessary to discuss two concepts:
A. Exceptional Ability AND
B. National Interest.
This is an ability that “will substantially benefit prospectively the national economy, cultural or educational interests or welfare” of the country. The ability must be a degree of expertise significantly above that ordinarily encountered in the sciences, arts or business.
In order to be regarded as someone with exceptional ability it is necessary for the alien to show at least three of the following requirements:
(1) A degree or similar award from a college or other institution of learning relating to the area of exceptional ability;
(2) Evidence that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(3) A license or certification to practice the particular occupation;
(4) Evidence that the alien has commanded remuneration for services which demonstrate exceptional ability;
(5) Evidence of membership in professional associations;
(6) Evidence of recognition for achievements and significant contributions to the industry or field by peers, government entities, or professional or business organizations; or
(7) Comparable evidence to establish eligibility if the foregoing standards do not readily apply to the alien’s occupation.
Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States.
Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation.
Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them)
This is a three -prong test:
A. The proposed endeavor has both substantial merit and national importance
B. You are well positioned to advance the proposed endeavor.
C. It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
In determining whether the proposed endeavor has national importance, the USCIS considers its potential prospective impact. An undertaking may have national importance for example, because it has national or even global implications within a particular field, such as those resulting from certain improved manufacturing processes or medical advances. But they do not evaluate prospective impact solely in geographic terms. Instead, they look for broader implications. Even ventures and undertakings that have as their focus one geographic area of the United States may properly be considered to have national importance.
An endeavor that has significant potential to employ U.S. workers or has other substantial positive economic effects, particularly in an economically depressed area, for instance, may well be understood to have national importance.
The second prong shifts the focus from the proposed endeavor to the foreign national. To determine whether he or she is well positioned to advance the proposed endeavor, the USCIS considers factors including, but not limited to: the individual’s education, skills, knowledge and record of success in related or similar efforts; a model or plan for future activities; any progress towards achieving the proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities or individuals. The USCIS recognizes that forecasting feasibility or future success may present challenges to petitioners and USCIS officers, and that many innovations and entrepreneurial endeavors may ultimately fail, in whole or in part, despite an intelligent plan and competent execution. The USCIS does not, therefore, require petitioners to demonstrate that their endeavors are more likely than not to ultimately succeed. But notwithstanding this inherent uncertainty, in order to merit a national interest waiver, petitioners must establish, by a preponderance of the evidence, that they are well positioned to advance the proposed endeavor.
Outstanding work for Exeptional Ability case We strongly recommend Leon Snaid’s immigration services. He meticulously guided us through the tedious US Immigration process and successfully put a petition together which was approved in record time. Leon’s patience and professional courtesy coupled in with his sense of humor made him a delight to work with. We want to thank you for your dedication and commitment to help us continue to live our dream.
Fernando Simonet
We do not have words to thank Mr. Snaid for his professional and outstanding support in helping us to get the approval of our National Interest Waiver case. He literally saved our case after years of waiting for a positive answer. Since the first time we met him, he told to us the facts of the case and he was very honest about our situation. As well, he explained in very simple terms, law issues which were critical to understand. He worked so hard in our case, all the time very responsible and providing great ideas and analysis. He is a truly remarkable immigration Attorney and we are sure he is among the best in his field in the US. Mr. Snaid was all the time giving us the necessary time; he was very patient and understanding. He really answer your emails, calls and even do if you do not have an appointment and want just to drop off some documents, if he is there, he will say hi and talk to you.
Do not mess around with other immigration Attorneys. If your case is a difficult one and/or you want to have the … Snaid for his professional and outstanding support in helping us to get the approval of our National Interest Waiver case. He literally saved our case after years of waiting for a positive answer. Since the first time we met him, he told to us the facts of the case and he was very honest about our situation. As well, he explained in very simple terms, law issues which were critical to understand. He worked so hard in our case, all the time very responsible and providing great ideas and analysis. He is a truly remarkable immigration Attorney and we are sure he is among the best in his field in the US. Mr. Snaid was all the time giving us the necessary time; he was very patient and understanding. He really answer your emails, calls and even do if you do not have an appointment and want just to drop off some documents, if he is there, he will say hi and talk to you. Do not mess around with other immigration Attorneys. If your case is a difficult one and/or you want to have the confidence that you have experience, knowledge and an honest Attorney working side by side with you, please contact Mr. Snaid. Mr. Snaid, thank you so much for all your support, without you; we wouldn’t be here. See you later, but now for the Citizenship.
Best Regards, Pedro and Dorota Sanchez
PS: Mr. Snaid has a wonderful staff supporting his services…Cheers!
