National Interest Waiver

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see below) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

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National Interest Waiver Lawyer Houston

You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.

* Criteria

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation.
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.
  • You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
  • The field you applying under must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).
  • Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

General Documentation Requirements:

1. Documentation of degree

  • a. Diplomas (PHD, Masters and Bachelors)
  • b. English translation, if necessary
  • c. Foreign credentials evaluation, if necessary
  • d. Copy of transcripts

2. Reference letters

3. Employment verification letters

  • a. Include term of employment and salary

4. Publications

  • a. Copies of each publication
  • b. Impact factor of journals, if available
  • c. Independent citations to publications
  • C.I. c.i Google Scholar results or other evidence summarizing citations to each publication

5. Other evidence, such as:

  • a. Copies of each publication
  • b. Impact factor of journals, if available
  • c. Independent citations to publications
  • C.I. c.i Google Scholar results or other evidence summarizing citations to each publication
  • a. Government-funded projects
  • b. Peer reviewer of other journals or other work
  • c. Patents or copyrights
  • d. Presentations at conferences
  • e. Supervision of students
  • f. Classes taught
  • g. Media coverage
  • h. Prizes/awards
  • i. Membership in associates that require nomination or proving of worth
  • j. Curriculum Vitae