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 Perelmuter Law 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, Perelmuter Law’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!