Normally, if you qualify for the second employment-based (“EB-2”) category (Workers Holding Advanced Degrees and Persons with Exceptional Ability in the Arts, Sciences and Business), you are subject to undergo the labor certification process. However, an exception exists if your employment is in the “national interest”, as you may be eligible for a national interest waiver.
In a decision entitled Matter of Dhanasar, issued on December 27, 2016, the USCIS vacated it’s long-standing precedent decision holding that the petitioner is required to demonstrate that going through the PERM process would be contrary to the national interest.
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“I work with Merritt Hawkins, the largest physician search firm in the United States. For over 20 years, we have partnered with The Law Offices of Carl Shusterman, which assists us in obtaining visas for the many international physicians we recruit. Mr. Shusterman and his staff have been an indispensable resource of expertise, allowing us to recruit international doctors in the most efficient manner possible on behalf of our clients.”
- Phil Miller, Merritt Hawkins, Dallas, Texas
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In addition, Congress passed a law in 1999 which eased these restrictions for physicians who practice in medically-underserved areas or for the Veterans Administration. The INS issued regulations eviscerating many important portions of the law. Our law firm sued the INS in Federal Court, and on June 7, 2006, the U.S. Court of Appeals for the Ninth Circuit, in Schneider v. Chertoff, struck down many of the restrictions contained in the INS regulations.
SUCCESS STORIES: NATIONAL INTEREST WAIVERS
- Helping a Person Qualify for a National Interest Waiver (June 2010)
- Saving a Scientist’s NIW from Revocation (September 2006)
- Professional Athlete – “Curveball: The Immigration Officer Who Knew Too Much” (May 2005)
- Engineers and Nurses (November 2004)
National Interest Waiver: Additional Resources
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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening an 8 attorney firm specializing in immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.
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