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Waiving Labor Certificate and Receiving a Green Card (NIW)

In order to qualify for NIW, Eb2 (2nd Employment Based Category of Green Card) an applicant must show qualifications under matter of Dhanasar, where the immigration officer, an employee of USCIS (United States Immigration and Citizenship Services, department of Homeland Security) has discretionary power to grant a green card without involvement or approval of the “US Department of Labor”.

Based on matter of Dhanasar, an applicant must prove three prong analysis of “the case law decided in 2016”.

A) The work of the applicant has “Substantial Merit and National Importance” whether its in science, entrepreneurial skills and qualifications, education, research, health care industry, etc. The work must be of “National Importance”.

B) Applicant is “Well positioned to Advance the Endeavor”. Meaning the applicant is currently licensed, skilled, equipped and experienced to do the job and is not “mere future promise of success”.

C) Applicant's qualifications mandate to forego of “Labor Certificate” from “Department of Labor”, under the circumstances, securing a work-sponsor is not reasonable or it may be contrary to the US national interest.

In order to satisfy the above requirements, an applicant may use extensive evidentiary documents to prove by “preponderance of evidence” that his presence and work in the US would be so beneficial that obtaining a “Labor Certificate” is unnecessary or unwarranted.

The documents may include but are not limited to:

-Certificate of Advanced Degree and/or equivalent of Work Experience in the field using the bachelor's degree
-Certificate of memberships in “Industry Honored Organizations”
-Peer Reviews, Advisory Opinions and/or Recommendation Letters
-Authorship of books, or Articles
-Evidence of substantially high payments for the work applicant does
-Award and recognition for achievements

The applicant then would receive an approval to be used for the final receipt of his green card through either consular processing or adjustment of status in the US. The green card would also be extended to applicant's spouse and all children under the age of 21.

The process of receiving green card through NIW (National Interest Waiver) of the LC (Labor Certificate) is complex, lengthy and rewarding. It is highly recommended that you contact an experienced lawyer who focuses on your special abilities to show that you deserve such waiver.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (Persian).

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