National Interest Waiver

 

The "national interest waiver" is a visa category that may be used to petition for U.S. permanent residence (a "green card") either by having an employer sponsor or by self-petitioning.  A labor certification is not required.  This immigrant visa category falls within the second preference category.

Under a provision of U.S. immigration law enacted in 1990, certain qualifying individuals may avoid the burden of obtaining a labor certification -- a recruitment procedure that is a prerequisite to gaining permanent residence through employment -- by receiving a waiver of this requirement. Such a waiver also dispenses with a separate requirement that an individual be "sponsored" for permanent residence by a prospective employer. 

National Interest Waiver San Diego, National Interest Waiver La Jolla, National Interest Waiver Irvine, National Interest Waiver Orange County.

Congress did not define the term “in the national interest.” Moreover, USCIS regulations also fail to define “in the national interest.” The Administrative Appeals Office (“AAO”) has analyzed the term “national interest” and provides two relevant decisions providing some guidance in determining national interest waiver cases.

In Matter of [Name not provided], file No. EAC 92-091-50126, July 21, 1992, commonly known as Mississippi Phosphate, the AAO noted seven factors which may be considered in determining eligibility under the national interest category. These factors are as follows:

1. Improving the U.S. economy;
2. Improving wages and working conditions of U.S. workers;
3. Improving education and training programs for U.S. children and under-qualified workers;
4. Improving health care;
5. Providing more affordable housing for young and/or older, poorer U.S. residents;
6. Improving the environment of the U.S. and making more Productive use of natural resources; or
7. A request from an interested U.S. government agency.

 The other AAO decision is the New York State Department of Transportation case or “NYSDOT” which lists three additional factors to be considered in determining whether a petitioner has proven national interest eligibility.

 The beneficiary must seek to work in an area of "substantial intrinsic merit";

1. The beneficiary’s work must have a benefit which "will be national in scope"; and
2. The beneficiary must “serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.

Attorney Suzanne Brummett is a Member of the California Bar and the Florida Bar.  This disclaimer and the "I Agree" link is provided to comply with prospective changes to Florida Bar rules.

Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to read more about the results we have obtained in the past and statements regarding the quality of our work, you must read and acknowledge the information below before clicking on the "I Agree" link:

• The facts and circumstances of your case may differ from the facts and circumstances of the cases we discuss here.
• Not all results are provided.
• The results discussed are not necessarily representative of the results obtained in all cases.
• Each case is different and must be evaluated and handled on its own merits.

I Agree