A Brief Introduction to the National Interest Waiver

  • May 8 2017

In some situations, an immigrant may be able to waive certain requirements in seeking their green card. To obtain a green card if you do not have family in the United States, you will need to show that you have a job offer or employment in the US. However, there is an exception to this requirement when your permanent residence is in the “national interest.”

By arguing that it is in the national interest for you to be a permanent resident, you are alleging that your employment in the United States would greatly benefit the nation as a whole. Usually, those seeking this type of waiver have exceptional skills or abilities and higher levels of education. You may still have an employment opportunity in mind when making this application, but the certificate of labor requirement may be waived.

Every national interest waiver application has three essential requirements.

  1. Your work in the United States is in an area of extensional intrinsic merit.

Although this requirement is extremely subjective, the USCIS will make a determination of the importance of your work through the evidence you present. For example, you may want to include a description of the work you will be doing and how it will affect the nation. Letters of experts in the field supporting your work may also be helpful. Published works regarding you or your company’s work may also be beneficial.

  1. The impact of your work will affect the entire country.

To have a national interest, you must show that the work you are doing should benefit the entire nation, not just one industry, type of people, or geographic location. To show the benefits of your work, you may want to submit evidence that includes published articles or media reports, agreements or licenses that show impact, and letters from potential employers and experts in the field discussing the national importance of your work.

  1. The waiver of the labor certification requirement would benefit the national interests of the United States.

You not only need to show that there will be a benefit for the entire nation, but you also need to demonstrate that the benefit is connected to the waiver request. The purpose of the labor certification is to protect workers in the United States who are in the same field. As such, the USCIS must weigh the national interests of your work against the interests of individuals in the United States that are in the same field as you. If the national interest outweighs the interest of certain employees, the waiver will likely be granted. Much of the same types of evidence used for the other requirements can be submitted to prove this prong as well.

Specific Areas of National Interest

Obtaining a national interest waiver is becoming more and more difficult today than it has been in the past. However, particular national interests seem to do better in requesting this waiver than others. For example, if the national interest involves the following industries, the application is more likely to be approved.

  • Help for the American economy
  • Improve working conditions and wages of United States workers
  • Create more affordable housing
  • Improve the environment
  • Provide more efficient uses of natural resources
  • Improvements in healthcare
  • Growth for education and training benefits

If you think you may be able to obtain a national interest waiver, speaking to an immigration law attorney to discuss your application and your options is a good idea. Call 619-916-4570 for more information.

Posted in: Immigration Law