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:
  1. 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
  2. The foreign national is well positioned to advance the proposed endeavor
  3. On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification