In order to qualify for a National Interest Waiver, an individual must:
- Hold an advanced degree in their field (Master’s degree or above) OR be able to demonstrate exceptional ability in their field; and
- Satisfy all three of the following criteria:
- The foreign national’s proposed endeavor has both substantial merit and national importance. This has been interpreted broadly in recent years, but the following eight factors serve as a general guideline:
- Improving the U.S. economy;
- Improving wages and working conditions of U.S. workers;
- Improving education and training programs for U.S. children and under-qualified workers;
- Improving healthcare;
- Providing more affordable housing for young and/or older, poorer U.S. residents;
- Improving the environment of the U.S. and making more productive use of natural resources;
- Improving international cultural understanding; and/or
- A request from an interested government agency
- The foreign national is well positioned to advance the proposed endeavor
- On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification