The 2nd prong test for the National Interest Waiver was established by the precedent NYSDOT case.
The 2nd prong test requires the applicant to prove that the proposed benefit will be National in Scope.
National in Scope
Applicants whose work only benefits local or regional parties would likely not be able to prove this.
See USCIS denial for Highly Qualified Early Childhood Special Educator. USCIS did not agree that her influence or proposed benefit would be national in scope.
The proposed benefit may NOT affect some areas positively and some areas negatively.
If an applicant can provide evidence that the proposed benefit is in an area of substantial intrinsic merit and is not contrary to the interests of any part of the United States, then it is possible to argue that the proposed benefit is also national in scope.
What Evidence do I provide to show that my work is National in Scope
Letters of support from industry leaders familiar with your work should detail how the applicant’s work would benefit the entire United States.
If you have a general National Interest Waiver Green Card question, please use the form below. We will do our best to answer it for you: