The current criteria for National Interest Waiver requirements is based on Matter of Dhanasar.
In the Dhanasar case, the court held that the following three criteria must be met:
- The foreign national’s proposed endeavor has both substantial merit, and the benefits are national in scope,
- The 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.