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What
is the National Interest Waiver? An alien may apply
for permanent residence status (Green Card) and seek a waiver of the offer of employment by establishing that his (her) admission
to permanent residence would be in the National Interest. There
is no rule or statutory standard as to what will qualify an alien for a National Interest Waiver. The USCIS considers each
case on an individual basis. The procedure is to file the case with
evidence to establish that the alien's admission to the United States for Permanent Residence would be in the national
interest. Who qualifies? Factors that have been considered in successful cases include:
- The aliens admission will improve the U.S. economy.
- The aliens admission will improve wages and working conditions of U.S. Workers.
- The aliens admission will improve educational and training programs
for U.S. children and underqualified workers.
- The
aliens admission will provide more affordable housing for young, aged, or poor U.S. residents.
- The aliens admission will improve the U.S. environment and lead to more productive use
of the national resources.
- The aliens admission
is requested by an interested U.S. government agency.
Many
of our cases in which National Interest Waivers have been approved were supported by affidavits from well-known, established
and influential people or organizations.
For example, an application being submitted for a scientist should contain
affidavits from leading scientists, representatives, and from other organizations associated with the type of research to
be pursued.
Documenting past achievements, as well as proof that the alien has already created jobs, turned around
a business or created an increase in exports or other economic improvements should prove instrumental in gaining approval.
What types of supporting documents are required?
Evidence of a one-time achievement (i.e., a major, internationally-recognized
award), or at least three of the following:
- receipt
of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor,
- membership in associations in the field which require outstanding achievements
as judged by recognized national or international experts, published material about the alien in professional or major trade
publications or other major media,
- participation
on a panel or individually as a judge of the work of others in the field or an allied field,
- original scientific, scholarly, artistic, athletic, or business-related contributions
of major significance in the field,
- authorship
of scholarly articles in the field, in professional or major trade publications or other major media,
- display of the alien's work at artistic exhibitions or showcases,
- evidence that the alien has performed in a leading
or critical role for organizations or establishments that have a distinguished reputation,
- evidence that the alien has commanded a high salary or other high remuneration for services,
or
- evidence of commercial successes in the performing
arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
If the above standards do not readily apply to the alien's occupation, you may submit comparable
evidence to establish the alien's eligibility.
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