National Interest Waiver

Normally, if you qualify for the second employment-based (EB-2) category (Workers Holding Advanced Degrees and Persons with Exceptional Ability in the Arts, Sciences and Business), you are subject to the labor certification requirement. However, a limited exception exists if your entry into the U.S. would be in the "national interest".

In a decision issued on August 7, 1998, the INS, for the first time, defined the criteria for obtaining a National Interest Waiver.

Also, in an earlier non-precedent decision, the INS had enumerated the following seven factors in defining "national interest". (In light of the new, more restrictive decision, it is open to question whether these seven factors will continue to guide INS adjudicators.)

Would your employment

• Improve the U.S. economy?
• Improve the wages and working conditions of U.S. workers?
• Improve the education and training programs for U.S. children and under- qualified workers?
• Improve health care?
• Provide more affordable housing for young and/or older poorer U.S. residents?
• Improve the environment and make more productive use of natural resources? or
• Did you come to the U.S. at the request of a U.S. Government agency?