What is a National Interest Waiver?
Aliens who are eligible under the employment based preference #2 Immigrant category (“EB-2”) may seek a national interest waiver of the normal labor certification requirement. The Immigration & Nationality Act does not set forth criteria or define what is “in the national interest”. USCIS regulations merely state “The Director may exempt the requirement of a job offer, and thus of a labor certification, for aliens of exceptional ability in the sciences, arts, or business if exemption would be in the national interest.” USCIS administrative decisions mention various factors they may consider, including but not limited to, improving the U.S. economy, wages and working conditions; environment education and training programs for children; health care; etc.
Related Questions
- An aliens National Interest Waiver petition is approved, but his H-1B is going to expire. Can he apply for either consular processing or adjustment of status?
- What type of documentation do I need to apply for a coaching license waiver for the National "B" or "C" License?
- Who is Eligible for National Interest Waiver?
