USCIS can make an exception (or “waiver”) from the requirement that applicants in the EB-2 category must obtain approval of a labor certification. USCIS grants such an exception if the applicant can prove that it is strongly in the national interest of the U.S. for the applicant to work in his or her field of expertise in the U.S. In order to qualify for the national interest waiver the applicant must satisfy the following three-part test:
Part One – The field in which the alien will work has “substantial intrinsic merit.” Such fields include the following:
- 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 health care;
- 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;
- a request from an interested U.S. government agency or improving international cultural understanding
Part Two – The benefit of the alien’s proposed activity “will be national in scope.”
Part Three – The alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.