National Interest Waiver
National Interest Waiver (EB-2), Labor Certification Not Required
In the EB-2 category, either as an advanced degree professional or as someone possessing exceptional ability, you may bypass the labor certification requirement by showing that your work is in the national interest that you work permanently in the U.S. National interest is demonstrated by showing that you work in a field of substantial intrinsic merit to the U.S., that the benefit of your work will be national in scope, and that your particular work will substantially benefit the U.S. to a greater degree than would an available worker with the same minimum qualifications.
You may self-petition or your employer can file the petition on your behalf.
Are You Qualified?
In addition to showing you hold an advanced degree or possess exceptional ability, you’ll need to meet the three part test for a national interest waiver.
First, you’ll have to work in an area that is of interest or value to the U.S., such as in the medical or scientific field. This criteria is rarely a problem.
Secondly, your work has to have a national geographic impact or have some influence on the field as a whole. Perhaps you are a frequent first author on nationally circulated journals, speak at national industry conferences, play a critical role on federally funded or sponsored national projects, are an inventor of a patent, or work for a company that has produced important new products for the nation –these would be some specific examples that can be included.
Lastly, showing that your work will substantially benefit the U.S. to a greater degree than would an available worker with the same minimum qualifications. You would show this through your past record of achievement which makes you stand out from your peers or detailing how your work is particularly unique. One example would be if you are a primary contributor or innovator of research and the pace of progress would be adversely affected without you. Another example is if your work is urgent in terms of the specialized nature of the work or if you possess expertise that distinguishes you from your peers. You could also show the impact on others in the field who are unconnected to you through published citations or national media attention for your work.
What Can We Do to Help You Getting Approval?
We will be able to evaluate your qualifications for a national interest waiver and assist you in preparing evidence to convince USCIS that you are qualified for the waiver. Often the key to successful national interest waiver cases relies on the strength of the testimonial letters discussing the requirements above. We can guide you in selecting the best letter writers, such as independent experts or those from national, government, or private research institutions, and ensure that the content of the letters meets national interest waiver requirements. We will prepare an organized packet of your documents, along with a cover petition letter summarizing your eligibility for a national interest waiver.