Persons of exceptional ability in the arts, sciences or business, professionals holding an advance degree whose work would benefit the national economy, cultural or educational interests of the U.S. may apply for permanent residence status (Green Card) and seek a waiver of the labor certification process and employer sponsorship by establishing their admission for permanent residence is in the national interest. Because no employer sponsor is required, the applicant need not demonstrate that she has an employer offer. Since 1998, to qualify for a national interest waiver, you must be able to demonstrate that you seek employment in an "area of substantial intrinsic merit"; the proposed benefit is "national in scope", and persuasively demonstrate that THE NATIONAL INTEREST WOULD BE ADVERSELY AFFECTED if a labor certification were required from you.
The following factors are considered when determining whether your work benefits the United States and more importantly is in the national interest: improvement of the U.S. economy; improvement of wages and working conditions for U.S. workers; improvement of our educational system, health care, the environment and housing. Additionally, having an interested government agency request is given considerable weight by the USCIS in determining whether your work is "in the national interest".
To demonstrate merit, you should submit as much of the following as possible:
LETTERS OF RECOMMENDATION from your peers addressing why your work is considered in the National Interest;
PEER-REVIEWED PUBLICATIONS: Evidence from a number of peer-reviewed publications;
CONFERENCE PRESENTATIONS: The scientist should submit evidence of presentations at scientific conferences.
EVIDENCE OF YOUR INFLUENCE IN THE FIELD: Evidence that your peers are interested in your work and your work has influenced their own significant contributions to the field.
OTHER EVIDENCE:Any other evidence of your success, such as significant awards, notoriety, receipt of commendations or even US government funding.
If you are unable to meet these requirements, you may consider by-passing the labor certification proceess under the EB1 Extraordinary Ability category. There is also no prohibition of filing under both the National Interest Waiver and the EB1 category simultaneously. If you are a researcher, the EB1 category for outstanding professors and researchers is also a viable alternative.
PHYSICIANS AND THE NATIONAL INTEREST WAIVER
Physicians may also bypass the onerous labor certification process using the National Interest Waiver if they agree to work full time in a designated health professional shortage area or in VA hospital which has designated as such by either a federal or state public health agency. The physician’s work must also be in the public interest for an aggregate period of at least five years (not including while in J1 status) before he can obtain the NIW and lawful permanent residency. The process is described more fully here.
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