Imagine if there was a way for you to get a green card without a job offer. In this video, we'll
talk about an option that is available for certain kinds of immigrants who are either in the United
States or outside of the United States to get a green card based on their past accomplishments,
and future projects, get a green card under the EB2 National Interest Waiver
without an employer. So, let's dive right in. So, many of you are asking me if there's a way to get
a green card without getting married, or adding an employer who is going to offer you a job. Because
as we know, one of the most common ways to get a green card is either by marrying a US citizen
or having another family member sponsor you, or if you’re here as a student, and you're finding a job
through a job offer through an employer. But what if you don't have an employer? Is there a way to
get a green card as a self-petition without an employer? Well, actually there is. It's called
National Interest Waiver. And this is also under the EB2 category for somebody that has
an advanced degree. So, we'll talk about this in a second. I'm going to break down
the requirements for the NSW. How do you know if you qualify? What do you need to do
to start applying for this green card option? And what are some of the case examples that we've done
recently to show you what's possible in this space? Thanks for joining my channel. This
is all about immigration education. My name is Jacob Sapochnik, and I'm an immigration attorney
located in San Diego, California, and I help clients in all 50 states. So, let's talk about
one of the most exciting topics in immigration, the National Interest Waiver. What does it mean
to request a National Interest Waiver? So, what are some of the requirements for the National
Interest Waiver? First of all, you have to show that you are a person that has an advanced degree,
like a Master's or Ph.D. The second thing you have to show is that you’re a person of exceptional
ability, and we'll talk about that in a second. But in addition to the degree of exceptional
ability, there are three criteria that every person that applies for National Interest Waiver
must meet. And those criteria are based on case law that we use to be able to qualify our
candidates. The criteria are the following. Number one, the proposed endeavor has substantial merit
and national importance. Number two, the applicant is well-positioned to advance the proposed
endeavor. Number three, it would be beneficial to the United States to waive the labor certification
and the requirement for a job offer, which means you don't need an employer. If we can show that a
candidate can fit into those three criteria, the success of the case will obviously increase much
more. What if the applicant does not possess an advanced degree? Well, there are cases where if
you have at least a bachelor's degree, then we need to show at least five years of progressive
experience and exceptional ability. And then there may be situations where the person can
still qualify if a person does not possess any sort of education, but has a very exceptional,
some sort of exceptional ability, or something that can be demonstrated to meet the other prongs.
In certain cases, we can still do that. And we've done that before. But ideally, we would like to
see people that have some sort of education to be able to qualify them under different categories.
Why should you consider applying for National Interest Waiver? What's so good about it? Well,
first of all, you don't have to apply with an employer. That's clear, I mentioned that before.
You don't need a labor certification, you don't have to go through the lengthy process of applying
for labor certification. The other point is that you're still applying under the EB2 category,
which right now, is current for most countries, except China and India, which means your green
card application is going to move much faster. And also, under the Dhanasar case, which is a new case
that changed the requirements for the National Interest Waiver, you can apply for this in many,
many categories in business, in arts, in sports. It's not limited to science, like it used to
be many, many years ago. And we've done quite a few of these cases for people in many different
disciplines in business and entrepreneurship. And I'm going to give you an example, in a minute,
of cases that qualified for the National Interest Waiver. Let's take a look at a few examples of
people that received the National Interest Waiver. So, we had an applicant who had a law degree from
European countries. Yeah, that's an advanced degree. And she came here to do some amazing
projects in social work, building a non-profit, we were able to show the impact of her international
level, we were able to show her experience as somebody that had exceptional abilities. She
had articles about her. Her work was featured in publications and was able to show that she
is well-positioned to progress this endeavor because she had the experience, because she had
the business, or whatever. We're able to show in this case that she met all these requirements.
And of course, she was able to get it. Again, this is a person that first was a student here and F1,
then she got an H1B visa. And then, her employer wasn't able to sponsor her. And she was able to
get the green card without an employer, on her own using her background, her ideas,
and it worked well. Another example is somebody who's a bit more… in this previous example,
this is somebody who's fairly young that does not have that much experience but she was able to
show through education and through her abilities, that she's well-positioned to create that project.
Where another example of somebody who has more experience, somebody that has more than 10 years’
experience. He doesn't have an advanced degree but he was a CEO of a few companies in his own
country. He was featured in media, he built a lot of things in the past, and he was going to come
to the United States to start a new project. So, we're able to show his entrepreneurial background,
his experience from the past, his exceptional ability. And even though he didn't have an
advanced degree, his future project made him well-positioned to make it work.
And there was another example of somebody that was still back home in his own country
but he was going to apply for a green card with without a job offer because he wanted to provide
a better future for his children who are under 21. So, once again, because of his background, because
of his abilities, and because of his future projects in the United States, he was able to get
a green card, while still overseas, for his kids will be able to come here and study as well. So,
it's an amazing opportunity. And it's an amazing program for specific individuals
who are either coming here to build something amazing or already done
in the past and able to use their experience to qualify for the self-petition. So,
how difficult is it to get it? Well, it really depends on how you put the application together,
how much can you show to the US immigration that you meet these requirements. What is nice
about the National Interest Waiver is that the government is flexible with the kind of evidence
they're getting. So, we can send them a business plan, we can send them articles, we can send them,
summaries and graphs, and pictures, and when we put our cases together, they look beautifully,
like works of art. And the idea is to show the government that here's the person that we're
introducing to you, here is how he qualifies in all these prongs. And here's how he's going to
impact the United States and make some amazing things for this country. And that's why I love
this category for a green card. And we hope that more entrepreneurs are going to be using it
to get to come here and build their future here. So, once again, if you see this video
and you want to try to apply for your National Interest Waiver, put a comment here. And there's
a way to contact me as well. And I'm excited to be of service to you as well. So, once again,
thanks for watching. Don't forget to subscribe, and I'll see you in our next video.
So, if you like this video, watch these two videos for more information just like them.