NIW Approvals of The Law Office of Sheela Murthy
Posted Sep 26, 2003

The Law Office of Sheela Murthy, P.C. continues to file national interest waiver (NIW) cases and obtain approvals with overwhelming success. Many other law firms have either reduced or discontinued the filing of NIW cases since the NYSDOT decision in August 1998. This difficult area continues to be successful for our Office because we spend a great deal of time analyzing each case, working closely with the NIW applicant, and presenting the facts and the law in a manner that enables the BCIS examiner to comprehend the details and issue the approval.

For those who are unfamiliar, the NIW is a waiver of the labor certification requirement for employment-based, second preference (EB2) cases. Normally, petitions in the EB2 category require an approved labor certification as a prerequisite for the remaining stages (I-140/I-485) of the green card process. However, certain persons, able to establish that their work is in the national interest, can qualify for a waiver or exemption from the labor certification requirement. The requirements for these types of cases are quite stringent. The basic elements are that (1) the person's work is in an area of substantial intrinsic merit; (2) the benefit will be national in scope; (3) the national interest would be adversely affected if a labor certification was required. The foreign national seeking approval in this category must show that his/her skills are so unique that the benefits provided through approval of the petition substantially outweigh the inherent national interest in protecting U.S. workers through the labor certification process. More information on this highly specialized area of immigration practice is available in MurthyDotCom's NIW section.

We are pleased that The Law Office of Sheela Murthy represents some of the world's most brilliant and accomplished individuals who are choosing to immigrate to the United States, including those who qualify under this specialized category. Examples of successful NIW cases handled by our Office are available on MurthyDotCom.