Attorney Ann Badmus discusses National Interest Waiver (NIW) green card options for qualified applicants. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us: Badmus & Associates https://badmuslaw.com immigration@badmuslaw.com 214-494-8033 Principal office in Dallas, Texas Immigration services offered nationwide.

1. National Interest Waiver
Green Cards
Ann Massey Badmus
Badmus & Associates
October 19, 2023

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About Badmus & Associates

4. Legal Notice
The content provided in this presentation is
informational purposes only and not intended as
legal advice and should not be relied upon as
such. For assistance with your own matter,
consult with one of our immigration attorneys or
another qualified professional.

5. Agenda
Overview of Employment Based Immigrant Visa Numbers Per
Year
National Interest Waiver Requirements
Green Card Application Process Overview
Q&A

6. Overview

7. EB Green Card Annual Quotas
(October 1 to September 30)
EB-1 Priority Workers
40,000
EB-2 Advanced Degree/Exceptional
Ability Workers
40,000
EB-3 Professional and Other
Workers
40,000
EB-4 Special Immigrants
10,000

8. Visa Bulletin – November 2023
Priority Date = Date of Petition Filing
https://uscis.gov/visabulletininfo
Dates for
Filing
Cutoff
Dates

9. Visa Bulletin – November 2023
Priority Date = Date of Petition Filing
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
Final
Action
Cutoff
Dates

10. National Interest Waiver
Green Cards

11. Advantages to EB-2 National Interest Waiver
• .
Employer Sponsorship is Not Required: You can file an NIW Green Card application ("self-
petition") without sponsorship from an employer.
A Specific Job Offer is Not Required: You can file an NIW Green Card application even if you do
not have a job offer from a U.S. employer.
PERM Labor Certification is Not Required (waived): The PERM Labor Certification process to
show a shortage of U.S. workers in the labor market for your occupation is not required to file an
NIW Green Card application.
Less Strict Eligibility Criteria as Compared to EB-1A: Compared to the EB-1A Green Card,
which asks you to meet three out of 10 special skill criteria with strong proof, the NIW Green Card
is easier to qualify for. As a result, USCIS approval rates for NIW Green Card applications are
usually higher than EB-1A Green Card applications.

12. Advantages to EB-2 National Interest Waiver
(cont.)
• .
H-1B extensions: Your NIW I-140 approval can be used to support H-1B
extensions beyond the normal six-year limitation;
H-4 EAD: Your NIW I-140 approval can be used to support an application
for H-4 work authorization for your spouse; and
Earlier Priority Date: Your NIW I-140 approval can give you the ability
to transfer your I-140 priority date to another future I-140 Immigrant
Petition filed under a different category.

13. • .
National Interest Waiver Requirements - 1
“Any United States employer may file a petition on Form I-140 for
classification of an alien under section 203(b)(2) of the Act as an
[individual] who is a member of the professions holding an
advanced degree or an [individual] of exceptional ability in the
sciences, arts, or business.” 8 CFR Section 204.5(k)
Member of the professions holding an advanced degree OR
Foreign national of exceptional ability in the sciences, arts, or
business

14. • .
Member of professions holding an advanced
degree
What is a member of the professions?
DOL: Appendix A to the Preamble-Professional Recruitment Occupations -
https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/AppendixA.pdf
What is an advanced degree?
Master’s degree or higher OR
Bachelor’s and five years of progressive experience in the specialty
U.S. degree or foreign equivalent

15. • .
Exceptional Ability in the Sciences, Arts, or
Business
If you do not hold an advanced degree, you must prove at least three (3) of
the following criteria:
• An official academic record reflecting a degree, diploma, certificate,
or similar award from a college, university, school, or other institution
of learning relating to the area of exceptional ability;
• Evidence in the form of letter(s) from current or former employer(s)
reflecting at least ten years of full-time experience in the
occupation for which is being sought;
• A license to practice the profession or certification for a particular
profession or occupation

16. • .
Exceptional Ability in the Sciences, Arts, or
Business (cont.)
• Evidence of a salary, or other remuneration for services, which
demonstrates exceptional ability;
• Evidence of membership in professional associations; or
• Evidence of recognition for achievements and significant
contributions to the industry or field by peers, governmental entities, or
professional or business organizations.
• Other comparable evidence.

17. National Interest Waiver Requirements - 2
The proposed endeavor has both substantial merit
and national importance, e.g., business,
entrepreneurship, science, technology, culture, health,
or education.
You must show:
• The field of endeavor has merit,
• How your work moves the field of endeavor
forward, and
• How this work is important to the United States.

18. Examples of National Interest
• Improving the U.S. economy
• Improving wages and working conditions of U.S.
workers
• Improving education and training programs for U.S.
children and underqualified workers
• Improving healthcare and medical research
• Increasing access to energy resources

19. Examples of National Interest (cont.)
• Providing affordable housing in the U.S.
• Improving the environment
• Request from an interested U.S. government agency
• Progress in STEM fields and the essential role of
persons with advanced STEM degrees in fostering this
progress, especially in focused critical and emerging
technologies or other STEM areas important to U.S.
competitiveness or national security.
https://www.whitehouse.gov/wp-content/uploads/2022/02/02-2022-Critical-
and-Emerging-Technologies-List-Update.pdf

20. National Interest Waiver Requirements - 3
You are well positioned to advance the proposed endeavor.
Some of the factors considered are:
• An individual’s education;
• An individual’s skills;
• An individual’s knowledge;
• An individual’s record of success in related or similar efforts;
• A model or plan for future activities;
• Any progress toward achieving the proposed endeavor; and
• Any interest of potential customers, users, investors or other relevant
entities or individuals.

21. National Interest Waiver Requirements - 3
You are well positioned to advance the proposed endeavor.
Examples of evidence for this requirement:
• Degrees, certificates, or licenses in the field;
• Patents, trademarks, or copyrights;
• Letters from experts in your field, describing your past achievements;
• Published articles or media reports about your achievements or current
work;
• A plan describing how you intend to continue the proposed work in the
United States;
• A detailed business plan or other description, along with any relevant
supporting evidence;

22. National Interest Waiver Requirements - 3
You are well positioned to advance the proposed endeavor.
Examples of evidence for this requirement:
• Correspondence from prospective or potential employers, clients, or
customers;
• Receipt of investment from U.S. investors, such as venture capital
firms, angel investors, or startup accelerators;
• Copies of contracts, agreements, or licenses showing the potential
impact of the proposed endeavor;
• Letters from government agencies in the United States demonstrating
that you are well positioned to advance the proposed
• Receipt of awards or grants or other support from federal, state, or
local government entities with expertise in economic development,
research and development, or job creation

23. • .
National Interest Waiver Requirements - 4
On balance, it would be beneficial to the United States to
waive the requirements of a job offer, and the labor
certification.
Some examples:
- Labor certification isn't practical;
- The U.S. benefits even if other local workers are available;
- There is an urgent national need, like U.S. STEM field
competitiveness;
- Unique skills can't be captured by the labor certification; or
- The endeavor could boost the economy or create substantial jobs

24. Physician National Interest Waiver (PNIW)
Basic Requirements
Medical Degree: Proof of a medical degree or ECFMG certification.
Full-time Employment: Commitment to work full-time (40 hours/week) in a designated Health
Professional Shortage Area (HPSA), Medically Underserved Area (MUA), or a Veterans Affairs
facility
Five-Year Service: Commit to work for 5 years in primary care or as a specialty physician.
Contract or self-employment affidavit. Green card will be issued only after the physician has
completed all five years.
Licensing: Have a valid state medical license in the state of employment
Public Interest Letter: Obtain a letter of support from a federal or state agency attesting to the
physician's contribution to the U.S. national interest.

25. Green Card Procedure Overview

26. Step 1 – I-140 Petition
•Eligibility Check: Ensure you meet the criteria
•Gather Documents: Collect extensive evidence showing your work benefits the U.S.
and is in the national interest.
•File Form I-140: Submit the Immigrant Petition for Alien Worker to USCIS. For 45-day,
guaranteed processing, submit $2500 premium processing fee along with $700
application fee
•Adjustment of Status (if in the U.S.): If approved and a visa number is available, file
Form I-485 to adjust your status to permanent resident.
•Consular Processing (if outside the U.S.): Attend an interview at a U.S. consulate or
embassy in your country.

27. Step 2: Adjustment of Status
(I-485)
Must be present in the U. S. in valid non-immigrant status
and no status violations for more than 180 days
I-485 filed separately for principal applicant and family
member with USCIS
Employment Authorization Document (EAD)/Travel
Authorization Document (Advanced Parole)
Processing time – 12-36 months or more, depending upon
priority date and USCIS processing office

28. Step 2: Immigrant Visa Process
(DS-260)
DS-260 Form – after I-140 approval, file with Department of State
(consulate/embassy) for employee and each family member
Interview – Employee and family member must attend immigrant visa
interview at the U.S. embassy located in home country
Processing time – 12 to 24 months or more, depending upon priority date
and consulate
This process is required if applicant is not eligible for I-485 adjustment of
status

30. Legal Notice
The content provided in this presentation is
informational purposes only and not intended as
legal advice and should not be relied upon as
such. For assistance with your own matter,
consult with one of our immigration attorneys or
another qualified professional.

31. www.badmuslaw.com
email: immigration@badmuslaw.com
Phone: 214-494-8033
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