National Interest Waiver Requirements

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:

  1. The foreign national’s proposed endeavor has both substantial merit, and the benefits are national in scope,
  2. The foreign national is well-positioned to advance the proposed endeavor; and
  3. On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.
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