National Interest Waiver

USCIS uses a three-prong test found in Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm’r 1998) (“NYSDOT”) for evaluating requests for a national interest waiver.

Requirement 1:  Must work in the U.S. in an area of substantial intrinsic merit.

Requirement 2: Proposed impact of work needs to be national in scope.

Requirement 3:  Waiving the labor certification requirement would benefit the national interests of the U.S.