There is no statutory standard as to what will qualify an alien for a National Interest Waiver. The INS considers each case on an individual basis. However there are some internal rules for adjudicating NIW applications:

1. The alien must have at least two years experience in the area in which he/she will benefit the United States. The INS looks at this very closely to determine if the alien has a serious commitment to the activity which promotes the national interest.
2. The National Interest Waiver may not be based solely on the alien's ability to alleviate a local labor shortage. The INS has determined that granting the National Interest Waiver for this reason would be unnecessary since the Labor Certification is employed to determine if a labor shortage exists and then allow a vacant position to be filled. Therefore, a petition that is based solely on the fact that the alien will ameliorate a labor shortage will be denied.
3. The alien must be involved in an undertaking that will substantially benefit the United States. Of course, the determination of whether or not the undertaking will benefit the U.S. will be determined by the seven criteria listed above.
4. The alien must play a significant role in the undertaking, and must not be simply a minor constituent who took part.

For more information, please contact us.

This general information is intended to be informational and educational. Nothing on this or other associated pages should be taken as legal advice from this office for any individual case or situation.  For legal advice for any specific situation, consult an attorney experienced in U.S. immigration law.