As a general rule, when a person wants to obtain a green card through their profession they must be offered a job and their employer submits a petition to USCIS. The majority of employment based sponsorship requires a test of the job market to ensure that the foreign national is not going to be employed in a position where there are able, willing, and available U.S. citizens to do that job. There are few exceptions to this rule.
One such exception is the National Interest Waiver [NIW] for an individual with an advanced degree who is an alien of exceptional ability. The person must be in a field that has both substantial merit and national importance. Additionally, the person must be in a position to advance that field.
This week H&P received approval of a NIW for a Dietitian. The petition was filed over one year ago but was put on hold – with all NIW petitions – after the Administrative Appeals Office issued new guidelines related to the adjudication of NIW petitions. While many petitioners were issued requests for evidence to comply with the new guidelines, H&P ‘s diligent and well crafted petition resulted in approval with no such request. Our client can now continue their research and help keep America healthy!