About EB-2 / National Interest Waiver

The term “national interest” is not defined in the law; however, the United States Citizenship and Immigration Services (USCIS) has suggested that the following seven factors could be taken into consideration for an NIW petition:

1. improving the US economy;

2. improving wages and working conditions of US workers;

3. improving education and training programs for US children and under-qualified workers;

4. improving health care;

5. providing more affordable housing for young and/or older, poorer US residents;

6. improving the environment of the US and making more productive use of natural resources; or

7. a request from an interested US government agency or improving international cultural understanding.

If applicable, the petitioner should show that the beneficiary will be working to improve one of the seven listed factors. In addition, the beneficiary must show evidence of at least 3 of the following:

​a. an advanced degree (Master or above) related to the area of exceptional ability;

b. evidence in the form of reference letters from employers or experts that the applicant has at least two years experience in the area in which your work will benefit the United States;

c. a license to practice in the field;

d. evidence that the applicant has commanded a salary higher than others in the field;

e. membership in professional associations (should show that the professional association limits membership to those who have made significant contributions); and/or

f. recognition for significant contributions to the field. This is typically shown through letters from international experts attesting to the applicant’s contributions.

Please note the USCIS is increasingly requesting additional evidence to show that the applicant has had a greater impact than would a US worker with similar education and training. The USCIS will frequently requests evidence as to why a labor certification is NOT in the national interest and also frequently requests evidence that the applicant’s work has been heavily cited by other scientists (excluding self-citations).

Most individuals will chose labor certification over a National Interest Waiver in the current environment. However, the National Interest Waiver allows self-petitioning, meaning that the applicant is not required to have an employer sponsor the case. It also allows the applicant to change jobs much more easily during the permanent residency than other types of employment based permanent residency cases. For this reason, some individuals will want to consider this option.