Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

National Interest Waiver

Is there any way around the Labor Certification Process?

The labor certification process is extremely complex. It takes years to obtain labor certification from the Department of Labor.  That being said, in some instances there is a way around having to obtain labor certification. The National Interest Waiver is a tool that is utilized to bypass the cumbersome labor certification process which ordinarily is a prerequisite to obtain a “Green Card” through an offer of employment.

The Attorney General may exempt certain people from having to go through the crap shoot known as labor certification, if they can establish that their employment in the United States would be in the national interest.   The people who are exempt from the labor certification process include advanced degree professionals and certain exceptional aliens whose services in the sciences, arts, professions, or business are sought by an employer in the United States, and whose services will substantially benefit prospectively the national economy, cultural or educational interests, or the welfare of the United States. 

If you are able to obtain a National Interest Waiver you are to be sponsored for a Green Card, or in certain situations sponsor yourself, without first having to prove to the Department of Labor that there are no U.S. workers who are minimally qualified to perform the job you want to fill.

Kolken & Kolken welcomes the opportunity to speak to you regarding the possibility of obtaining a National Interest Waiver.

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