To obtain permanent resident status based on one’s qualifications a foreign national is normally required to have an employer obtain a certification from the U.S. Department of Labor, confirming there are no minimally qualified U.S. workers available for the position. The National Interest Waiver is one of a few exceptions to the requirement for an employer and labor certification. If a foreign national holds an advanced degree or has exceptional ability in the science, arts, or business, USCIS has the discretionary power to exempt the requirement of a job offer (this of employer or labor certification) if providing an exemption would be in the National Interest.
TO ESTABLISHING NATIONAL INTEREST ONE MUST ESTABLISH:
- foreign national’s proposed endeavor has both substantial merit and national importance.
- foreign national is well-positioned to advance the proposed endeavor; and
- on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.
EXCEPTIONAL ABILITY
A Foreign national that does not have an advanced degree is required to establish their exceptional ability through at least three of the following:
(A) An official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(B) Evidence in the form of letter(s) from current or former employer(s) showing at least ten years of full-time experience in the proposed occupation;
(C) A license to practice the profession or certification for a particular profession or occupation;
(D) Evidence of a salary, or other remuneration for services, which demonstrates exceptional ability;
(E) Evidence of membership in professional associations; or
(F) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.