EB-2 National Interest Waiver

Overview of the National Interest Waiver

A national interest waiver is for advanced degree/exceptional ability workers who are seeking to waive the normal labor certification requirement for employment-based 2nd preference (EB-2) individuals. In addition to meeting the requirements for EB-2, the worker’s presence must substantially benefit the national economy, cultural or educational interests, or welfare of the U.S. Although the jobs that qualify for a national interest waiver are not clearly defined, these waivers are usually granted to individuals who have exceptional ability and whose employment in the U.S. would greatly benefit the nation.

Qualifying for the National Interest Waiver

To qualify for a National Interest Waiver, the applicant must satisfy a three-pronged test:

• The applicant must work in a field of substantial intrinsic merit;
• The work has applications of national scope; and
• Waiving the labor certification is in the national interest

To learn more about your options contact our San Francisco law firm to speak with one of our immigration attorneys.