Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
If the EB-2 worker’s presence can be shown to hold benefit for the U.S. in the future, it may be possible to apply to this category without first getting a job offer or labor certification, through what is called a national interest waiver. (Labor certification is a long and complicated process)
To demonstrably “benefit” the U.S., applicants will have to show that their work there will favorably impact the U.S.’ economic, employment, educational, housing, environmental, or cultural situation some other important aspect of U.S. life.
The impact must be national in scope: A public health researcher at a federal agency or a university might pass, for example, while the same person coming to provide direct services at a community clinic would probably not.
Applicants will also have to show that the field of work has “substantial intrinsic merit”—in other words, worthy in and of itself. Also, applicants will need to demonstrate that the work will prospectively benefit the U.S. national interest to a substantially higher degree than that of a similarly qualified, available U.S. worker would. (Unfortunately, USCIS often reinterprets this requirement to mean showing that being forced to go through the labor certification process would hurt the U.S. national interest. A local labor shortage is not considered to be an adverse impact.)
In addition to providing evidence of an advanced degree or exceptional ability, you must also meet the 3 National Interest Waiver criteria below** to demonstrate that it is in the national interest that USCIS waives the requirement of a job offer, and thus the labor certification.
Because the combination of the above criteria is difficult to satisfy, obtaining a national interest waiver is harder than applicants usually expect, and an expert writer and researcher’s help is definitely in order.
Chat with us
Our friendly team is here to help