National Interest Waiver

EB1A and NIW Green Cards for Exxon Employees

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How Energy, Engineering, and Technology Professionals at Exxon Qualify for US Permanent Residence

Exxon and ExxonMobil operate at the core of the global energy ecosystem, employing highly skilled engineers, scientists, technologists, environmental specialists, and operations leaders whose work directly affects US energy security, infrastructure resilience, and economic stability.

Because of the national importance of energy innovation, emissions reduction, and advanced engineering, many Exxon professionals qualify for US permanent residence through the EB1A Extraordinary Ability or EB2 National Interest Waiver (NIW) categories. These categories do not require employer sponsorship or PERM labor certification.

At our firm, we have successfully represented Exxon professionals working both inside and outside the United States, helping them secure EB1A and NIW approvals even after prior denials or when other attorneys advised against filing.

EB1A vs NIW for Exxon Professionals: Understanding Your Options

EB1A Extraordinary Ability

EB1A is ideal for Exxon professionals who can demonstrate they are among the top tier in their field.

Exxon employees often qualify under EB1A through:

  • original technical or operational contributions of major significance
  • leadership or critical roles on complex, high impact projects
  • proprietary technologies, methods, or systems adopted company wide
  • high compensation relative to industry peers
  • expert recognition from independent authorities
  • judging or reviewing technical work

EB-1A is self-petitioned and does not require a job offer or employer involvement.

EB-2 National Interest Waiver (NIW)

NIW is a strong option for Exxon professionals whose work advances U.S. national interests, even if they do not yet meet EB-1A’s high threshold. It is also self-petitioned and does not require a job offer or employer involvement.

NIW focuses on:

  • the national importance of the proposed endeavor
  • whether the applicant is well positioned to advance the work
  • why waiving labor certification benefits the United States

Many Exxon professionals qualify for both EB-1A and NIW, and a strategic dual-filing approach can strengthen long-term outcomes.

Exxon Roles Commonly Approved Under EB-1A or NIW

  • petroleum engineers
  • chemical engineers
  • mechanical engineers
  • reservoir and drilling engineers
  • environmental and sustainability specialists
  • geoscientists
  • offshore operations managers
  • energy systems engineers
  • project and operations managers
  • energy data and automation specialists
  • carbon capture and emissions reduction engineers

Advanced degrees are helpful but not required.

Successful EB-1A and NIW Cases for Exxon Professionals

Case 1: Exxon Petroleum Engineer in Nigeria Approved Under NIW

A petroleum engineer supporting Exxon’s offshore operations in Nigeria believed that working outside the US would weaken his case. We demonstrated how his work contributed to global energy supply stability and US market resilience. NIW approved without RFE.

Case 2: Exxon Environmental Specialist Approved Under EB1A

An environmental engineer overseeing emissions control initiatives across multiple Exxon facilities lacked academic publications. We focused on original environmental contributions, measurable impact, and leadership authority. EB1A approved in premium processing.

Case 3: Exxon Data Engineer Approved After NIW Denial

A data engineer working on predictive maintenance systems received an NIW denial after filing alone. We rebuilt the case using expert letters, quantified efficiency gains, and national interest framing. NIW approved on refiling.

Case 4: Exxon Operations Manager Approved Without Awards

An operations manager overseeing multimillion dollar infrastructure projects had no awards or media recognition. We demonstrated extraordinary leadership, economic impact, and strategic importance. NIW approved within three months.

Common Myths Exxon Professionals Believe

  • “Exxon must sponsor my green card”
  • “I need to work in the U.S. to qualify”
  • “Only researchers qualify for EB-1A”
  • “NIW is only for academics”

These assumptions are incorrect. USCIS evaluates impact and national importance, not employer sponsorship or location.

Start Your EB1A or NIW Case Today

Many of our Exxon clients came to us after:

  • being told they did not qualify
  • receiving RFEs or NOIDs
  • being denied after self-filing
  • working with attorneys unfamiliar with energy-sector cases

If you work for Exxon or ExxonMobil anywhere in the world, you may already qualify for a US green card.

Call: 305-515-0613
Email: info@messersmithlaw.com

Same-day consultations available worldwide.

EB1A and NIW Green Cards for Schlumberger (SLB) Professionals

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Schlumberger, now known globally as SLB, is one of the world’s most influential energy technology companies, operating across Nigeria, Angola, Egypt, Ghana, and other key energy regions. SLB professionals work on critical drilling technologies, subsurface modeling, digital energy platforms, carbon management, and global energy infrastructure that directly impact U.S. economic and energy security.

Because of this, many Schlumberger employees qualify for U.S. permanent residence through the EB1A Extraordinary Ability or EB2 National Interest Waiver (NIW) categories. No employer sponsorship required and no SLB’s involvement required.

At our firm, we regularly represent Schlumberger professionals worldwide and have successfully secured EB1A and NIW approvals even after prior denials or when other attorneys advised that approval was unlikely.

Schlumberger Roles Commonly Approved Under EB1A or NIW

  • petroleum engineers
  • reservoir and drilling engineers
  • geophysicists
  • subsurface modeling specialists
  • energy data scientists
  • offshore operations managers
  • completion and well integrity engineers
  • environmental and HSE specialists
  • carbon capture and energy transition engineers
  • project and operations managers

You do not need a PhD, academic publications, or US work experience.

Successful EB1A and NIW Cases for Schlumberger Professionals

Case 1: Nigerian Schlumberger Reservoir Engineer Approved Under NIW

A reservoir engineer working on SLB offshore projects in Nigeria believed his work outside the US would disqualify him. We demonstrated how his modeling innovations supported global energy stability and US supply interests. NIW approved without RFE.

Case 2: Schlumberger Drilling Engineer in Angola Approved Under EB1A

An Angolan based drilling engineer oversaw high risk deepwater operations using proprietary SLB technology. Despite no academic publications, we proved original contributions and a critical leadership role. EB1A approved in premium processing.

Case 3: Schlumberger Operations Manager in Ghana Approved Without Awards

A field operations manager leading multimillion dollar energy projects lacked awards or media coverage. We focused on leadership authority, economic impact, and global deployment responsibility. NIW approved within seven months.

Common Myths Schlumberger Professionals Believe

  • “I must work in the US to qualify”
  • “SLB must sponsor my green card”
  • “EB1A is only for professors”
  • “NIW is only for academics”

These assumptions are incorrect. USCIS evaluates impact, not geography or employer policy.

Start your Path to a Green Card Today

Many of our SLB clients come to us after:

  • being told they did not qualify
  • receiving RFEs or NOIDs
  • being denied after self-filing
  • working with attorneys unfamiliar with energy-sector cases

We have more than 20 years of experience in:

  • translating industrial impact into USCIS-approved language
  • EB1A final merits analysis
  • NIW national interest framing
  • expert letter development
  • responding to RFEs and NOIDs

If you work for Schlumberger (SLB) in Nigeria, Angola, Egypt, Ghana, or anywhere globally, you may already qualify for a U.S. green card.

Call: 305-515-0613
Email: info@messersmithlaw.com

Same-day consultations available worldwide.

EB1 and NIW for Chevron Employees in Africa: How Energy Professionals From Nigeria and Beyond Secure US Green Cards

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Chevron operates extensively across Africa, including Nigeria, Angola, Egypt, Ghana, Equatorial Guinea, and Congo, employing highly skilled engineers, scientists, project managers, and energy specialists whose work directly impacts US energy security, global supply chains, environmental protection, and technological innovation.

Many Chevron employees working in Africa are excellent candidates for US permanent residence through the EB-1 Extraordinary Ability or EB-2 National Interest Waiver (NIW) categories. These categories do not require employer sponsorship.

At our firm, we have successfully represented Chevron professionals across multiple African countries, helping them transition from international energy roles to US green card approval.

Why Chevron Employees in Africa Qualify for EB1 and NIW

Chevron’s African operations are strategically vital to the United States due to:

• offshore and deepwater oil and gas production
• global energy supply stability
• environmental and emissions control initiatives
• infrastructure development
• advanced drilling and reservoir technologies
• health, safety, and environmental compliance
• cross-border energy logistics

USCIS routinely recognizes energy engineering, petroleum science, environmental technology, chemical engineering, and operations leadership as fields of national importance.

EB1 vs NIW for Chevron Professionals Working in Africa

EB1 Extraordinary Ability

Best for senior Chevron professionals who can demonstrate exceptional standing in their field.

Strong EB1 indicators include:
• original technical contributions
• industry recognition
• high compensation
• patents or proprietary systems
• expert testimonials

EB2 National Interest Waiver

Ideal for professionals whose work benefits US energy interests, even if they are not globally famous.

NIW focuses on:
• national importance of the work
• whether the applicant is well positioned
• why the US benefits from waiving labor certification

Many Chevron professionals qualify for both, and strategic filing often improves approval odds.

Common Chevron Job Roles That Qualify

• Petroleum Engineers
• Reservoir Engineers
• Offshore Operations Managers
• Environmental and HSE Specialists
• Chemical Engineers
• Energy Systems Engineers
• Project Managers
• Geoscientists
• Supply Chain and Logistics Leads
• Energy Data and Automation Specialists

Successful EB1 and NIW Cases for Chevron Employees in Africa

Success Case 1: Nigerian Chevron Offshore Engineer Approved Under NIW

A Nigerian offshore petroleum engineer working on Chevron’s deepwater operations believed his Africa-based role would limit eligibility. We demonstrated how his work directly supported US energy supply stability and offshore safety technology. NIW approved without RFE.

Success Case 2: Chevron Environmental Specialist in Angola Secured EB1

An environmental compliance manager overseeing emissions and spill prevention programs across Angola had no publications but led initiatives adopted company wide. We proved original contributions and national environmental significance. EB1 approved in premium processing.

Success Case 3: Chevron Chemical Engineer in Egypt Approved After Prior NIW Denial

A Chevron chemical engineer working in Egypt was denied NIW after filing independently, with USCIS stating he was “not well positioned.” We rebuilt the case with expert letters explaining how his refinery optimization work reduced global supply disruptions. NIW approved on refiling.

Success Case 4: Chevron Project Manager in Ghana Approved Without Publications

A Chevron project manager overseeing multimillion dollar infrastructure projects in Ghana had no patents or academic publications. We focused on leadership, economic impact, and cross-border operational importance. NIW approved within seven months.

Common Myths African Chevron Employees Believe

• “I must work in the US to qualify”
• “Chevron has to sponsor my green card”
• “I need US publications or awards”
• “NIW is only for academics”

These assumptions are incorrect. USCIS evaluates impact, not geography.

Why EB1 and NIW Are Ideal for Chevron Employees Abroad

• Self-petitioning allowed
• No employer sponsorship required
• No PERM labor certification
• Flexible relocation timeline
• Strong approval trends in energy cases
• Independence from corporate immigration policies

Ready to Explore EB1 or NIW as a Chevron Employee?

If you work for Chevron in Nigeria, Angola, Egypt, Ghana, or elsewhere in Africa, you may already qualify for a US green card.

Messersmith Law Firm
Same-Day Consultations Available

305-515-0613
info@messersmithlaw.com

We will evaluate your accomplishments, determine eligibility, and build a strong petition designed to win approval.

Winning a Green Card Without a Sponsor: How We Help Non-Traditional Professionals Qualify for a National Interest Waiver (NIW)

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Are you a skilled professional without publications, a PhD, or a US employer willing to sponsor you for a green card? You may still qualify for permanent residence in the US through a National Interest Waiver (NIW) even if you’re in a field that isn’t traditionally associated with scientific research or academia.

Many believe that the NIW category is only available to scientists with published work and dozens of citations. But that’s no longer the case. The immigration system has evolved, and so have the types of professionals who qualify. We have successfully helped clients in industries like cybersecurity, financial technology, education reform, and engineering obtain green cards without employer sponsorship.

What Is the National Interest Waiver (NIW)?

The NIW falls under the EB-2 immigrant visa category. It allows certain foreign nationals to self-petition for a green card without a job offer or labor certification if they can show that their work has substantial merit and national importance, and that waiving the standard job offer requirement would benefit the United States.

This category is especially valuable for:

  • Freelancers and independent consultants
  • Entrepreneurs and business owners
  • Educators and nonprofit professionals
  • Researchers and applied professionals in non-academic roles

How We Helped Clients Succeed Without Publications or Citations

Here are three real examples of how we guided non-traditional professionals through the NIW process and won approval:

Cybersecurity Consultant

Our client specialized in protecting critical infrastructure systems from cyber threats. Although he had no publications or formal academic accolades, he had a strong track record of implementing security protocols for municipal water systems and financial platforms. We highlighted how his work prevented cyberattacks that could cripple public services and argued that his continued presence in the US was in the national interest. He was approved for a green card without any employer sponsorship.

Financial Technology (FinTech) Data Analyst

This client worked on AI-based fraud detection algorithms for a mobile banking company. While she wasn’t in a “research” role, her contributions significantly reduced digital fraud losses across the financial sector. We built a strong narrative around the economic impact of her work and supported it with evidence from the companies she helped secure. The case was approved in under six months.

STEM Educator Reforming Curriculum in Underserved Communities

A former teacher and curriculum designer had pioneered new teaching models to increase math and science proficiency in low income school districts. We showed how her work addressed critical education gaps in the US, aligned with federal education goals, and demonstrated both merit and national importance. She received her green card without needing a university or school district to sponsor her.

Why These NIW Cases Succeed And Why Most Self-Filers Get Denied

Success in non-traditional NIW cases depends on more than just professional experience. It depends on how well the case is presented, argued, and documented. USCIS officers want a clear, legally persuasive argument supported by real world impact, third party validation, and forward-looking national benefit. That’s where our law firm comes in.

We’ve helped professionals from over 25 countries win NIW approvals even without citations, academic degrees, or large employers behind them. Our approach includes:

  • Building a compelling personal narrative
  • Highlighting US policy alignment (national security, education, innovation, etc.)
  • Strategically presenting letters of support and project evidence
  • Anticipating and preemptively addressing USCIS concerns

Let’s Get Started on Your NIW Green Card

If you’re a skilled professional and think you don’t qualify for a green card, think again. With the right legal strategy, you may be just one application away from permanent residence in the United States.

Contact our office today to schedule a consultation at info@messersmithlaw.com or (305) 515-0613. We’ll evaluate your background, determine your NIW eligibility, and guide you through a tailored, high impact petition.

Winning Non-Traditional NIW Cases: How We Helped Clients Qualify for the National Interest Waiver

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The National Interest Waiver (NIW) is commonly associated with scientists, researchers, and medical professionals who have extensive publications, citations, and academic credentials. While these applicants often meet the traditional criteria, many highly skilled professionals in other industries lack formal publications but still provide valuable contributions to the United States. Our firm has successfully helped clients from non-traditional fields secure NIWs by demonstrating that their work has a substantial impact on US national security, economic growth, and technological advancement, even without a strong academic record. Below are three cases where we helped clients qualify for an NIW without publications or citations.

Case 1: Financial Technology Expert Preventing Fraud in Digital Banking

A financial technology (FinTech) expert specializing in AI-driven fraud detection models was initially unsure if he would qualify for an NIW because he had no published research or citations. However, his work in developing security algorithms for major US banks had a direct impact on preventing financial fraud and protecting millions of consumers. We structured his petition around the real world impact of his work, emphasizing how his fraud detection technology was already being used in the banking sector to combat cyber threats and identity theft. By demonstrating that his contributions strengthened the US financial system and improved national economic security, we secured his NIW approval without the need for academic publications.

Case 2: Aerospace Engineer Reducing Fuel Costs for Airlines

An aerospace engineer working on fuel-efficient aircraft engine designs came to us after being told that his lack of publications would make his NIW case weak. However, his work had already led to advancements in aircraft fuel efficiency, directly benefiting both commercial airlines and US military aviation by reducing fuel consumption and lowering emissions. We focused his petition on the practical impact of his innovations, highlighting how his engineering solutions were being implemented by major aerospace companies and had the potential to save millions in fuel costs while reducing environmental impact. By showing that his work contributed to US energy efficiency and economic stability, we won his NIW case without relying on academic credentials.

Case 3: Cybersecurity Specialist Protecting U.S. Infrastructure

A cybersecurity specialist focusing on critical infrastructure protection approached us after his NIW was denied due to his lack of academic research or citations. His expertise, however, was instrumental in developing security protocols that protected power grids, government networks, and transportation systems from cyberattacks. We built his NIW case around the national security implications of his work, emphasizing how his contributions directly prevented potential cyber threats to US infrastructure. His work had been recognized by US government agencies and defense contractors, which helped us establish his eligibility. By demonstrating that his cybersecurity advancements were vital to national security, we successfully secured his NIW approval.

Helping Non-Traditional Professionals Win NIW Cases

If you are an expert in your field but lack traditional academic publications or citations, you may still qualify for a National Interest Waiver if your work significantly benefits the US. We specialize in crafting strong petitions for professionals in finance, engineering, cybersecurity, education, healthcare, business, and other industries where practical contributions outweigh academic credentials. If you want to explore your options, call us today at 305-515-0613 or email info@messersmithlaw.com for a consultation. Let us help you build a winning NIW case and achieve your US immigration goals.

Navigating the EB2 Visa and National Interest Waiver (NIW) Process

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The EB2 visa, specifically the National Interest Waiver (NIW) category, is an essential pathway for highly skilled professionals seeking to obtain a U.S. green card without the need for a specific job offer. The NIW category, part of the employment-based second preference (EB2) visa, allows foreign nationals to bypass the labor certification process by proving that their work in the United States is in the national interest. This blog will address some frequently asked questions to help you understand the key aspects of the EB2 NIW process.

Understanding the National Interest Waiver (NIW)

The National Interest Waiver (NIW) is a special provision under the EB2 visa category that allows foreign nationals to self-petition for a green card. Unlike the regular EB2 process, which requires a U.S. employer to sponsor the applicant and obtain a labor certification, the NIW permits individuals to bypass these requirements. To qualify, the applicant must demonstrate that their work has substantial merit, is of national importance, and that they are well-positioned to advance their proposed endeavor in the United States. The decision to grant an NIW is based on the “Matter of Dhanasar” three-prong test, which evaluates the potential national benefit of the applicant’s contributions.

Key Differences Between Regular EB2 and EB2 NIW

One of the primary distinctions between a standard EB2 visa and an EB2 NIW is the requirement for a job offer and labor certification. In a regular EB2 case, a U.S. employer must act as the petitioner and obtain a labor certification to prove that no qualified U.S. workers are available for the job. The foreign national is the beneficiary of this petition. Conversely, in an EB2 NIW case, the foreign national can self-petition, meaning they can apply on their own behalf without a job offer or labor certification. This self-petitioning aspect makes the NIW an attractive option for individuals whose work benefits the United States but who may not have a specific employer willing to sponsor them.

Eligibility for the EB2 NIW

To be eligible for the EB2 NIW, an applicant must first meet the basic requirements of the EB2 category, which includes holding an advanced degree or demonstrating exceptional ability in their field. Advanced degree professionals typically hold a U.S. or foreign equivalent degree above a bachelor’s level or have a bachelor’s degree with at least five years of progressive work experience. For those without an advanced degree, demonstrating exceptional ability through substantial evidence of achievements and recognition in their field can also qualify them for the EB2 NIW. Once the basic EB2 requirements are met, the applicant must also satisfy the NIW criteria by proving that their work aligns with the national interest of the United States.

Advantages of the EB2 NIW

The EB2 NIW offers several significant advantages over the regular EB2 visa. Firstly, it eliminates the need for a labor certification, which can be a lengthy and complex process. Secondly, it allows the applicant to self-petition, removing the dependency on a U.S. employer for sponsorship. This independence can be particularly beneficial for researchers, entrepreneurs, and other professionals whose work may not fit neatly into a traditional employment model. Furthermore, the EB2 NIW is available to individuals both inside and outside the United States, providing a flexible option for highly skilled professionals globally.

Filing and Approval Process

It is crucial to present a well-organized and compelling case, as the approval of the NIW petition depends heavily on the quality of the evidence and the persuasiveness of the argument. While there is no fixed number of publications, citations, or recommendation letters required, the evidence must collectively demonstrate the applicant’s impact and potential contributions to the United States.

By understanding the nuances of the EB2 NIW process, eligible professionals can take advantage of this pathway to achieve their U.S. immigration goals. Whether you are an advanced degree holder or possess exceptional abilities, the EB2 NIW provides a unique opportunity to contribute to the national interest of the United States while advancing your career and life in the U.S.

We have successfully helped hundreds of clients obtain NIW green cards. If you want to obtain an NIW green card and need our help, please contact us at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

E2 Visa to Green Card

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E2 Visa to Green Card

If you do not have family green card options or want to make a supersized EB5 investment, there are two primary ways to obtain a green card as an E2 visa holder.

1. Self sponsored green card option

In an effort to encourage foreign nationals to immigrate to the United States, establish or purchase a business and employ US persons, USCIS has established a new set of regulations specifically for foreign entrepreneurs.  This new regulations allow entrepreneurs to obtain permanent residency through the  EB2 NIW category.  This blog post will cover using the NIW to obtain a green card by establishing a US business and hiring US workers.

The National Interest Waiver allows a foreign national to apply for permanent residency through the EB2 category without having a US employer or a job offer.  This means that there is no requirement to undergo PERM labor certification and petitions can be approved in as little as 3 months provided that the entrepreneur’s immigration is in the national interest.

The entrepreneur can show his immigration is in the national interest if he can establish the following three points.

1. The NIW entrepreneur must seek employment in an area that has substantial intrinsic merit.  An example would be a structural engineer working on highway bridges.
2. The NIW entrepreneur must demonstrate that the proposed benefit to be provided will be national in scope.   For example, the entrepreneur might be able to demonstrate that the jobs his or her business enterprise will create in a discrete locality will also create (or “spin off”) related jobs in other parts of the nation. Or, as another example, the entrepreneur might be able to establish that the jobs created locally will have a positive national impact.
3. The NIW entrepreneur must demonstrate that the entrepreneur will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.  The entrepreneur who demonstrates that his or her business enterprise will create jobs for U.S. workers or otherwise enhance the welfare of the United States may qualify for an NIW. For example, the entrepreneur may not be taking a job opportunity from a U.S. worker but instead may be creating new job opportunities for U.S. workers. The creation of jobs domestically for U.S. workers may serve the national interest to a substantially greater degree than the work of others in the same field.

The USCIS is finally recognizing that immigrants are vitally important to the success of the US economy and are providing additional avenues to permanent residence for them.  If you are considering starting, purchasing or expanding a US business, the NIW may be the right choice for you.

2. Employer sponsored green card option (EB2/EB3)

The EB2 employment based green card is for individuals who are members of the professions with advanced degrees (any degree above a baccalaureate degree or a baccalaureate degree and at least 5 years progressive experience in the professions) or who have exceptional ability in the sciences, arts, or business who will substantially benefit the United States.  The combination of a baccalaureate degree with 5 years experience in the professions is deemed equivalent to a Master’s degree. If a doctoral degree is required for the particular profession, the alien must possess the doctoral degree.

EB3 employment based green card is for professionals who hold a US baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

The EB3 employment based green card is also for skilled workers and other workers who are not seasonal or temporary and require at least two years of experience or training as well as other workers are those who are capable of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the US.

In order to obtain permanent residency through the EB2 or EB3 category, the applicant must have an employer willing to sponsor him or her through PERM Labor Certification. The applicant does not have to be employed when labor certification/PERM is filed. A job offer is sufficient. Labor certification/PERM is the process whereby, the US government determines whether qualified US workers can fill the open position. Once the labor certification is approved, the employer may sponsor the applicant for permanent residency.

The EB2/EB3 process is as follows:

  • The employer performs the PERM labor certification process;
  • The employer sponsors the employee for a green card; and then
  • The employee adjust his or her status to permanent resident.

We have successfully helped thousands of clients obtain green cards.  Feel free to call us at 305-515-0613 or email us at info@messersmithlaw.com.  We look forward to helping you and your family obtain green cards like we have for thousands of other clients.

NIW Requirements

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NIW Requirements

The bare minimum qualification for the NIW standard is that the foreign national is a member of the professions holding an advanced degree, defined as a bachelor’s degree with five years of progressive experience or a Master’s degree or higher OR has exceptional ability in the sciences, arts or business.  Exceptional ability is defined as “a degree of expertise significantly above that ordinarily encountered.”  The foreign national can prove this by showing they meet at least three of the following criteria:

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.

Foreign nationals seeking a national interest waiver must also demonstrate that waiving the labor certification process 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 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).

In 1998 in the case of New York State Dept of Transportation (NYSDOT) established specific criteria for NIW petitions but this standard was recently modified to make petitions by job creators easier.  In Re Dhanasar (2016) now directs USCIS to grant a national interest waiver if the foreign national demonstrates by a preponderance of the evidence: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that the foreign national is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

The applicant’s spouse and minor children may obtained derivative green cards based on the principle applicant’s approval and all beneficiaries who apply while in the United States may obtain temporary work authorization (EAD) and permission to travel (Advance Parole).

We have successfully helped hundreds of clients obtain NIW green cards. We’re looking forward to helping you and your family obtain green cards as well.  Feel free to call us at 305-515-0613 or email us at info@messersmithlaw.com. For your reference, here are some samples of our approved petitions.

New NIW Petition After a Recent Denial

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I’m considering to hire a lawyer for green card application. I applied green card under the NIW category before, however was rejected a year ago. I’m currently under H1b visa, my position will end in a month. I havn’t found another job yet. I attatched my CV here and would like to know if my case stands a chance. Thanks!

Deciding when to file an NIW petition is very important because any denials will follow you when you make a new application. On each application, you must disclose previous denials and the adjudications officer will pull your old file to see why it was denied and you the reasons for the last denial against you. At this point, I would recommend filing a new NIW only if you are able to overcome the reason why the last application was denied. We have handled many second filings with success but we will have to carefully review your accomplishments and the previous denial decision.

Physician J1 Waiver Job While Applicant is Outside of the US

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I am a physician intraining Board certified from the US.

I will be finishing my training in New York city, and will be living in Canada for family reasons.

My 2 years home residency are in my country of last permanent residency which is Lebanon and not Canada.

Can I apply for a J1 waiver job through your office despite the fact that my J1 status expired and I didnt fullfill my 2 years home residency? and I am living in Canada and not the USA? or the only way to apply for a J1 waiver is if the J1 visa is still valid and I am still physically present in the USA and still didnt finish my training in the US??

Knowing that I finished my internal medicine training and am already Board certified.

Thank you

You do not need to be present in the US to apply for a J1 waiver. As long as you obtain a full time job offer to work in an underserved (HPSA/MUA) area, we can help you. Once the waiver is approved, you will need to enter on an H1B visa to begin work for the following three years.