National Interest Waiver

The national interest waiver, if granted, saves an employer and employee from the PERM labor certification that is normally required with a employment based immigrant visa process.  In evaluating request for a 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”).

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.


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