An alien may apply for permanent residence status (Green Card) and seek a waiver of the offer of employment by establishing that his (her) admission to permanent residence would be in the National Interest.

There is no rule or statutory standard as to what will qualify an alien for a National Interest Waiver. The USCIS considers each case on an individual basis.

The procedure is to file the case with evidence to establish that the alien's admission to the United States for Permanent Residence would be in the national interest.

Who qualifies?

Factors that have been considered in successful cases include:

• The aliens admission will improve the U.S. economy.

• The aliens admission will improve wages and working conditions of U.S. Workers.

• The aliens admission will improve educational and training programs for U.S. children and underqualified workers.

• The aliens admission will provide more affordable housing for young, aged, or poor U.S. residents.

• The aliens admission will improve the U.S. environment and lead to more productive use of the national resources.

• The aliens admission is requested by an interested U.S. government agency.

The following is a note from the USCIS Texas Service Center:

• Those seeking qualification for a waiver of labor certification based on services considered in the national interest must make a showing significantly above that to prove prospective national benefit required of all aliens seeking qualification as exceptional. It applies only to aliens who will substantially benefit prospectively the national economy, cultural or educational interests or welfare of the United States.

• National interest cases require that the emphasis rest with the overall value and potential of the beneficiarys individual contribution to the U.S. -- not the fact that they are working in a field of high national interest. The alien may qualify by being found to be a key or critical. member of a team if it can be shown that the team function would be severely impaired without this member. Merely working in an area of national interest does not necessitate a finding of national interest qualification.

• We highly recommend the submission of better testimonial letters from substantial, recognized national or international organizations/institutes/ government agencies with the expertise to definitely say that the work or contribution of the individual truly is in the national interest. The authors of these third-party testimonial letters should clearly state how they came to be familiar with the aliens work.

• When accompanied by these improved advisory opinions. and when focused on the individual, time will be saved and returns for evidence will be reduced. Also, placing the testimonial evidence with the attorney/petitioner summary letters at the front directly beneath the Form I-140 will eliminate examiner time spent wading through academics articles, field surveys, general reports, etc., which often add minimal weight to bolster the claim for his/her specific achievements or individual national interest potential.

• We see many claims for graduate students who have not had enough time or experience as a researcher or engineer in order to qualify for E21 category and have done little, outside the work required to complete their degree. Often the claim is made that their area of research is so potentially cutting edge or so significant that it must be in the national interest. In accordance with established criteria, it should be very difficult for the above-described person to qualify. the class is not designed for all graduate researchers to qualify.

• Our officers look for realistic evidence of substantial prospective benefit to a national interest item or agenda which specifically sets the alien apart from others in the field.

Evidence of a one-time achievement (i.e., a major, internationally-recognized award), or at least three of the following:

• receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor,

• membership in associations in the field which require outstanding achievements as judged by recognized national or international experts, published material about the alien in professional or major trade publications or other major media,

• participation on a panel or individually as a judge of the work of others in the field or an allied field,

• original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field,

• authorship of scholarly articles in the field, in professional or major trade publications or other major media,

• display of the alien's work at artistic exhibitions or showcases,

• evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation,

• evidence that the alien has commanded a high salary or other high remuneration for services, or

• evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

• Sustained national or international acclaim as evidenced through extensive documentation;
  
  
• The individual seeks to enter the United States to continue work in the area of extraordinary ability; and
  
  
• His/her entry will substantially benefit prospectively the United States. No offer of employment is required for this category.
  
  

• Documentation of the receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  
  
• Documentation of membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
  
  
• Published material in professional or other major trade publications or major media, relating to the one's work in the field;
  
  
• Evidence of one's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field;
  
  
• Evidence of one's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
  
  
• Evidence of one's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
  
  
• Evidence of the display of one's work in the field at artistic exhibitions or showcases;
  
  
• Evidence that one has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
  
  
• Evidence that one has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;
  
  
• Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales; or
  
  
• In circumstances where the above standards do not readily apply to an occupation, immigration regulations permit comparable evidence to establish eligibility.