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Carlo Franco L. Borja is a licensed attorney in California and is authorized to represent clients in immigration matters nationwide. Based in Southern California, the immigration law firm serves clients mainly in Los Angeles County, Orange County, San Bernardino County and Riverside County including, but not limited to: Agoura Hills, Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell Gardens, Bellflower, Beverly Hills, Burbank, Calabasas, Carson, Cerritos, Claremont, Commerce, Culver City, Diamond Bar, Downey, Duarte, Eagle Rock, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Huntington Park, Industry, Inglewood, Irwindale, La Habra, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lawndale, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Monrovia, Montebello, Monterey Park, Norwalk, Palmdale, Palos Verdes, Paramount, Pasadena, Pico Rivera, Pomona, Redondo Beach, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Temple City, Torrance, Vernon, Walnut, West Covina, Hollywood, Westlake Village, Whittier, Anaheim, Brea, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Niguel, Mission Viejo, Newport Beach, Orange, Santa Ana, Stanton, Tustin, Westminster, Adelanto, Chino, Chino Hills, Colton, Fontana, Hesperia, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Rialto, San Bernardino, Upland, Victorville, Corona, Eastvale, Hemet, Indio, Lake Elsinore, Menifee, Moreno Valley. Murrieta, Norco, Perris, Palm Springs, Riverside, Temecula and surrounding areas. Filipino Immigration lawyer representing clients in all US states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming.
A foreign national applying for a green card under the employment-based 2nd preference category or “EB2” may seek a National Interest Waiver which will waive the Labor Certification (PERM) requirement and may even permit the foreign national to “self-petition” or proceed with the petition even without a U.S. employer or sponsor.
In order to qualify, the foreign national must establish that that the request to waive the PERM labor certification requirement is in the "national interest.” Since there is no statutory definition for “national interest,” USCIS relies on the Administrative Appeals Office holding in Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm’r 1998) (“NYSDOT”) which established a three prong test:
The employment in the U.S. must be in an area of substantial intrinsic merit;
The proposed impact of the employment is national in scope; and
It must be established that waiving the Labor Certification requirement would benefit the national interests of the U.S.
Apart from demonstrating that the employment is in the national interest under the test above, USCIS has indicated that the applicant must be able to provide at least 3 of the following:
Official academic record showing that the applicant holds a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the applicant’s area of exceptional ability
Letters documenting at least 10 years of full-time experience in the applicant’s occupation
A license to practice in profession or certification for the applicant’s profession or occupation
Evidence that the applicant has commanded a salary or other remuneration for services that demonstrates his or her exceptional ability
Membership in a professional association(s)
Recognition for the applicant’s achievements and significant contributions to the applicant’s industry or field by the applicant’s peers, government entities, and professional or business organizations
Other comparable evidence of eligibility
If you are foreign national who may potentially qualify for a national interest waiver based on the criteria above, feel free to contact the Law Office of Carlo Borja so we can assess your case and assist you in applying for a green card.