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 benefit of the National Interest.

There is no rule or statutory standard as to what will qualify an alien for a National Interest Waiver. The bureau citizenship and immigration services- USCIS considers each case on an individual basis.

The procedure requires the individual or his or her US immigration attorney 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?

Read below to learn the factors that the bureau citizenship and immigration services (USCIS) considers in determining whether to grant a national interest waiver:

Factors that have been considered in successful cases include:

• The alien�s admission will improve the U.S. economy.
• The alien�s admission will improve wages and working conditions of U.S. Workers.
• The alien�s admission will improve educational and training programs for U.S. children and under-qualified 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.

For a case seeking a National Interest Waiver to be approved, it should be 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.

What supporting documents (evidence) are required for application of the national interest waiver?

• 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.

NOTE:If the above standards do not readily apply to the alien's occupation, you may submit comparable evidence to establish the alien's eligibility.




The following information about national interest waivers is a message from the USCIS Texas Service Center (which deals with national interest waivers):

• Those seeking qualification for a waiver of labor certification based on services considered in the national interest must make a showing significantly above that to prove prospective national benefit required of all aliens seeking qualification as exceptional.

It applies only to aliens who will substantially benefit prospectively the national economy, cultural or educational interests or welfare of the United States.

• National interest cases require that the emphasis rest with the overall value and potential of the beneficiary�s individual contribution to the U.S. -- not the fact that they are working in a field of high national interest.

The alien may qualify by being found to be a key or critical. Member of a team if it can be shown that the team function would be severely impaired without this member.

NOTE: Merely working in an area of national interest does not necessitate a finding of national interest qualification.

• We highly recommend the submission of better testimonial letters from substantial, recognized national or international organizations/institutes/ government agencies with the expertise to definitely say that the work or contribution of the individual truly is in the national interest.

The authors of these third-party testimonial letters should clearly state how they came to be familiar with the aliens work.

SPECIAL NOTE REGARDING GRADUATE STUDENTS:

The USCIS has indicated that it sees many graduate students who have not had enough time or experience as a researcher or engineer in order to qualify for E21 category and have done little, outside the work required to complete their degree.

Often the claim is made that their area of research is so potentially cutting edge or so significant that it must be in the national interest therefore deserving of a national interest waiver.

In accordance with established criteria, it should be very difficult for the above-described person to qualify.

Ultimately, this class of visa is not designed for all graduate researchers to qualify.

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