The process of hiring skilled employees from outside the country can be a long, drawn-out, and costly process. For employers, the biggest hurdle in this process is typically the Labor Certification process. Instead of spending months securing a certification and leaving your recent hire in limbo, your business might benefit from helping them seek a National Interest Waiver.
A National Interest Waiver removes many of the hoops the federal government requires businesses and applicants to jump through. A dedicated green card attorney could advise you on how this option might be a best-case scenario for your next hire. Let a National Interest Waiver lawyer answer any questions you might have.
When a person seeks an EB-2 employment visa, they are required to go through something known as the Program Electronic Review Management (PERM) process. This includes securing certification from the Department of Labor to ensure no qualified U.S.-based workers are able and willing to fill this role.
Securing this approval takes time, with state and federal agents heavily involved in the process of bringing in a foreign professional. An applicant must also have a standing offer of employment from a company that does business in America. Without it, a visa will generally not be extended.
The National Interest Waiver is the major exception to these requirements. If a professional can prove allowing them into the country benefits the interests of the United States, the federal government will waive the required job offer and certification.
There is no firm definition of what might qualify as the nation’s best interests. Each application is heard on a case-by-case basis, but the critical factors involve job creation and the potential for economic growth. Additional consideration is given when an applicant is likely to have a positive impact on job creation in an economically depressed area.
Most of the time, successful applicants are able to show they possess unique skills or experience that uplift the economy and fill an important need in the United States. While this standard is subjective, it is often possible to secure a favorable outcome with the help of a National Interest Waiver attorney.
There is no doubt that receiving a waiver is great for visa applicants. Businesses can also benefit from helping their prospective hires qualify for this process as well.
The biggest benefit comes in terms of time and money saved through Labor Certification. Unlike many other immigrants, those seeking employment-based visas typically need a Labor Certificate to show their position cannot be filled by the American workforce. This process is handled by the prospective employer, not the applicant, and it can be both time-consuming and costly. Skipping this step entirely is a major win for businesses. A lawyer could review an applicant and help a company pursue a National Interest Waiver.
If your business is growing, hiring internationally might make sense for several reasons. In some cases, you may be able to expand your workforce while avoiding the costs and delays that come with dealing with the Department of Labor. Instead of handling this process in-house, reach out to a National Interest Waiver lawyer today.
