The Employment Based Second Preference Category is for members of the professions who hold advanced degrees and individuals of exceptional ability in the arts, sciences or business. Although this category generally requires an employer and labor certification, the Attorney General may waive this requirement if the work of the alien is in the "national interest."

To qualify for a national interest waiver the individual’s work must benefit the U.S. in the national interest. Since the term national interest has not been defined in the statute, certain factors are taken into account in determining national interest. These factors include improvement of: the U.S. economy; wages and working conditions for U.S. workers; education, health care, the environment and housing. An interested government agency request is an added factor which is given considerable weight by the USCIS.

Please note that approvals in this category have become more difficult to obtain since August of 1998, due to a case known as the "New York State Department of Transportation" (NYSDOT) case. USCIS is scrutinizing these petitions more carefully and, in many instances, is applying a higher standard similar to the "extraordinary ability" standard. Our Office files applications in these categories on a regular basis and we have been extremely successful in this category even subsequent to the NYSDOT case. Like most immigrants to the U.S., these highly skilled immigrants in this category contribute richly to the diversity and strength of the U.S. and not only help themselves by being here but help to make the U.S. a better and stronger country.

What We Can Do For You : At the Murthy Law Firm, we can consult with you to determine which special green card category/ies might be the most suitable, considering your background and goals, employment prospects, and other factors. We can advise you as to the documentation requirements and legal issues and will make suggestions to improve your recommendation letters. We then prepare the paperwork, including a very detailed summary and analysis based upon the facts and the law, and submit it to the USCIS. We can assist with the entire green card process, up through and including Adjustment of Status or Consular Processing for both you and your family members.


Extraordinary Ability and Other Special Options 
Posted Feb 29, 2008

EB1 for Multinational Executive / Manager Must Meet Burden of Proof  Posted Feb 08, 2008

National Interest Waivers (Part 2 of 2)
Posted Apr 20, 2007

National Interest Waivers (Part 1 of 2)
Posted Apr 13, 2007

Physician NIWs Now Available to all Specialties
Posted Feb 23, 2007

USCIS Now Premium Processing EB1/EA Petitions
Posted Nov 17, 2006

NewsFlash! Expansion of I-140 Premium Processing
from Sep 25, 2006  Posted Sep 22, 2006

Can I Benefit Under the "Current" EB1 Priority Dates?
Posted Sep 15, 2006

USCIS Begins Bi-Specialization April 1, 2006
Posted Mar 31, 2006

Murthy Success Story : Rapid NIW Approval
Posted Jan 06, 2006

Another Murthy Success Story : NIW Approval
Posted Dec 02, 2005

Murthy Success Story : NIW and EA Approval
Posted Nov 25, 2005

USCIS Continues to Accept 750B Forms with NIW Filings
Posted Oct 14, 2005

Federal Courts Not Likely to Review NIW Denials
Posted Jul 29, 2005

Soviet Scientist Interim Regulation Released
Posted Apr 29, 2005

Service Center Operations Provide Updates
Posted Apr 15, 2005

Good News : USCIS Rescinds Negative RFE Memo!
Posted Feb 25, 2005

Start the New Year Right, Immigration Style
Posted Jan 07, 2005

I-140 Revocation Impermissible if Beneficiary is in U.S.
Posted Aug 27, 2004

NSC Update : Physician NIW Notifications
Posted Jul 09, 2004

Our National Interest Waiver Work
Posted Jan 30, 2004

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

TSC Update : January 2003
Posted Jan 03, 2003

Promptly Notify INS of Change of Address
Posted May 24, 2002

Recent NIW Appeals
Posted April 05, 2002

TSC Update : February 2002
Posted February 22, 2002

INS Announces New Filing Fees - Effective February 19, 2002
Posted January 04, 2002

  New I-140 : Immigrant Petition for Worker - Effective Jan 31, 2002
Posted December 14, 2001

  EA and NIW More Attractive in Softening Economy
Posted November 16, 2001

  J-1 Medical Doctor Waiver Approvals
Posted October 26, 2001

  Recent NIW Approvals at the Law Office of Sheela Murthy
Posted October 05, 2001

  Review of Recent Appeals in EB1 and NIW Cases
Posted August 31, 2001

  CSC Comparison of Standards for O1 and EA Petitions
Posted July 06, 2001

  CSC Analysis of Elements for EB-1 Extraordinary Ability
Posted May 18, 2001

  AAO Approves Executive / Manager Petition for Joint Venture
Posted Apr 27, 2001

  Recent Example of an NIW Approval at LOSM
Posted Oct 20, 2000

  INS Issues NIW Regulations for Physicians
Posted Sep 15, 2000

  AAO Overturns Several INS Denials of NIWs and EAs
Posted Sep 08, 2000

  Ethical Considerations in Immigration Law
Posted Jun 30, 2000

  J-1 Waiver Updates
Posted Jun 30, 2000

  National Interest Waiver Approval for Environmental Scientist
Posted Jun 24, 2000

  Attorney Murthy Speaks on AILA Panel on EB1 and NIW
Posted Jun 14, 2000

  National Interest Waiver Approved for Materials Scientist
Posted May 30, 2000

  Extraordinary Ability Petition Approval for Physicist
Posted May 19, 2000

  Unusual Requests for Evidence in NIW Cases
Posted May 13, 2000

  Innovative Rehabilitation Engineer Approved for NIW
Posted Apr 28, 2000

  Outstanding Linguistics Researcher Approved for EB1
Posted Apr 25, 2000

  EB1 Approval for Researcher in Computer Vision Technology!
Posted Mar 18, 2000

  LC and NIW Process for Professionals in Critical Technologies
Posted Mar 05, 2000



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