With a master of arts in law degree holder from Cornell University in Ithaca, New York, Rodney Malpert is a partner at Fragomen, Del Rey, Bernsen & Loewy. The law firm, recognized as one of the leading corporate immigration services providers and advisors, employs more than 34,000 immigration professionals in 40 offices. As a partner, Rodney Malpert manages the San Francisco branch, with an office in Silicon Valley. One of the firm's services is advising and processing the national interest waiver for clients.
A national interest waiver allows some residency applicants to forego certain application hurdles, such as requirements for a sponsor. The waiver applies to applicants engaged in professions that would benefit the United States economy. However, eligibility's main catch is implicitly understanding and proving that the skillset benefits the United States economy.
Standard applications, minus the waiver, require a sponsor, typically an employer for a permanent job, and an analysis of the market to establish the lack of a local labor force for the same profession. The legislation requires the employer first advertise the job within the United States and prove a lack of qualified workers.
The rigid process may also involve the government agency rejecting the application if they deem the hiring process flawed or overlook a suitable United States resident. In some cases, however, the agency may overlook the latter criteria if the skillset is deemed highly critical to the country, for example, specialized scientists and medical personnel, and issue a national interest waiver.
