Definition of “National Interest”
The term “national interest” is not defined in the statute or the regulations and Congress did not provide a specific definition in the relevant legislative history. Nevertheless, there has been precedent decision issued concerning the requirements of NIWs and to qualify, the Applicant must have an advanced degree or its equivalent and make a strong showing that prospectively:
- he/she seeks employment in an area of substantial intrinsic merit;
- the benefit will be national in scope; and
- the national interest would be adversely affected if a labor certification were required.
Other factors include:
- improving the U.S. economy;
- improving wages and working conditions for U.S. workers;
- improving education and programs for U.S. children and underqualified workers;
- improving health care;
- providing more affordable housing;
- improving the U.S. environment and making more productive use of natural resources etc…
To find out if you are eligible for a National Interest Waiver, contact Cipolla Law Group for a consultation.