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national interest waiver (Immigration Law)

Wed, 05 May 2004 12:21:00 GMT

My friend is a Canadian citizen and a famous artist. He wants to
immigrate to USA based on the national interst waiver. Can he apply by
himself? Where should he apply and where can he get the forms?
Thanks for any reply.

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  • Wed, 05 May 2004 13:42:00 GMT(1)
  • dingxi@lawknowledge.org.yahoo.com wrote: My friend is a Canadian citizen and a famous artist. He wants to immigrate to USA based on the national interst waiver. Can he apply by himself? Where should he apply and where can he get the forms? Thanks for any reply.

    I don't mean to demean the value of the artist's work, but ...

    1) I don't see how the work of an artist is in the US National Interest
    .... usually the National Interest means that the person has something to
    contribute to the USA that is going to be a significant benefit to the
    USA in terms of its economny, defence, safety or medicine.

    2) I also don't see how the delay caused to an artist going for a green
    card by other means is going to harm the USA. To grant an NIW implies
    an urgency that the US will be harmed economically, medically etc. if
    the worker's claim for a green card is delayed for a period equivalent
    to the time to conventionally get a green card.

    3) Although the NIW is a self-petitioning application, the idea is that
    an employer is saved the time to go through the Labour Certification
    process. i.e. there is usually already a potential employer for the
    applicant. I don't see how an artist fits this category.

    On the other hand, an EB-1-1 immigrant visa for "Persons of
    Extraordinary Ability in the sciences, arts, education, business or
    athletics" is probably more appropriate ...

    http://www.visalaw.com/03may4/2may403.html

    In general, because these categories are very heavily scrutinized, it
    would be in the best interests of the applicant to hire an immigration
    attorney.
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