Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Practice Spotlight: I-140 Immigrant Petition Requesting a National Interest Waiver – Expedited Filing and Approval

By Miriam C. Thompson on June 16, 2023
Email this postTweet this postLike this postShare this post on LinkedIn
H1-B-Shutterstock_1112095634

The Greenberg Traurig team recently assisted a medical products client with a rush I-140 immigrant petition requesting a National Interest Waiver (NIW) to allow one of the client’s development engineers to extend their H-1B status beyond the six-year H-1B maximum. The employee’s PERM labor certification remained pending and the employee’s H-1B max out date was only one month away. To avoid having to leave the United States and extend their H-1B status, the employee required an approved I-140 and for the I-140 to be filed and approved quickly prior to the max out date to enable timely filing of an H-1B extension with U.S. Citizenship and Immigration Services (USCIS) before the current H-1B petition’s expiration date.

The GT team assessed the employee’s background for alternatives to a PERM-based green card process and determined that an I-140 requesting an NIW was a viable, although not a strong case. As the PERM remained pending, the client decided to pivot and try to obtain an I-140 NIW approval prior to the H-1B max out date. The GT team quickly began working on the petition as it had to be filed in under two weeks to allow for an approval with premium processing prior to the H-1B max out date.

An NIW allows an employer to skip the PERM labor certification process prior to offering the job to a foreign national employee and therefore it requires substantial documentation to show the employee’s work is in the national interest. USCIS highly scrutinizes NIW requests and commonly issues requests for evidence (RFE) on NIW cases to confirm the case meets the requirements. GT leveraged its recent experience with NIW cases for similar roles and filed the I-140 NIW case with premium processing less than three weeks prior to the employee’s H-1B max out date. The I-140 petition was approved without an RFE and the employee’s H-1B extension was timely filed. The employee was therefore able to remain in the United States and continue employment in H-1B status.

* Past results are not guaranteed.

Photo of Miriam C. Thompson Miriam C. Thompson

Miriam advises employers across all industries on business immigration and compliance. She has experience with managing the full range of U.S. employment-based immigration filings, including intracompany transferee programs, specialty occupations, traders and investors, labor certifications, trainees, extraordinary ability petitions, religious workers, and national…

Miriam advises employers across all industries on business immigration and compliance. She has experience with managing the full range of U.S. employment-based immigration filings, including intracompany transferee programs, specialty occupations, traders and investors, labor certifications, trainees, extraordinary ability petitions, religious workers, and national interest waivers. Miriam’s representative matters within her practice area include providing legal and policy guidance to large multinational companies, as well as individual clients, startup companies, and small and mid-size domestic corporations, with a focus on delivering effective strategies in the realm of worksite immigration compliance and U.S. immigration programs.

Miriam also counsels employers in connection with internal and external audits to ensure regulatory compliance with I-9 employment verification, E-Verify, and U.S. Department of Labor requirements. Her representative work includes developing enterprise-wide immigration policies for large employers and advising on immigration-related concerns of companies undergoing corporate restructuring, mergers and acquisitions, and reductions in workforce. She also supports multinational employers with complex global workforce needs and works with professionals from the firm’s labor and employment and tax and benefits groups to provide strategic planning on cross-border employee mobility.

Miriam lived, studied, and worked in Germany, Switzerland, and France. Her native language is German and she is conversational in French.

Read more about Miriam C. ThompsonEmailMiriam C.'s Linkedin Profile
Show more Show less
  • Posted in:
    Immigration
  • Blog:
    Inside Business Immigration
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo