| How may I
obtain a National Interest Waiver?
The
EB-2 National Interest Waiver petition is
filed at the appropriate USCIS Service
Center. As long as there is a visa number
available at the time of filing the
petition, the individual may apply
concurrently for adjustment of status with
his/her spouse and children under 21 years
of age. Alternatively, he may file for adjustment
of status after the EB-2 petition is
approved, or after approval he may chose
to undergo consular processing of his
immigrant visa at a U.S. consulate abroad.
As
with the family-based preference
categories, the number of immigrant visas
in the employment preference categories
are also subject to an annual numeric
limitation for nationals of each country.
The filing date of the immigrant
visa petition establishes the priority
date for the application.
However, unlike the family-based
categories, the employment-based
categories are normally current. Click the Department
of State Visa Bulletin for the
priority dates for preference category
petitions and to find the backlog for each
preference category.
To
request a consultation regarding a
National Interest Waiver, please contact
our office here.
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