FAQ: What is a National Interest Waiver?

NOTE: The information provided herein is of a general nature and is not intended to
apply to any particular set of facts. The information is not intended as legal advise
and no attorney-client relationship is established with the Law Offices of Edward Lau.

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Ans:

If the I.N.S. grants a national interest waiver, neither a labor certification nor a job offer is required. A waiver will be granted if the alien can prove to the satisfaction of the I.N.S. that the alien's admission would be in the "national interest." National interest can be proven if admission will:

improve U.S. economy,
improve wages & working conditions of U.S. workers,
improve educational and training programs for U.S. citizens,
improve public health,
provide more affordable housing for targeted groups of U.S. residents,
improve the U.S. environment and lead to more productive use of the national resources, or
if a U.S. government agency requests the waiver.

Generally, the alien must have at least 2 years of experience in the area in which the alien will benefit the United States. The benefit provided by the alien should be a future benefit, not a past benefit. Moreover, the future benefit provided by the alien must be "significant."