National
interest waiver standards
Current INS law governing national interest waivers of the job offer requirement for
aliens seeking immigrant visa classification (a "green card") in the category
reserved for professionals with advanced degrees or aliens with exceptional ability in the
sciences, arts, or business, contains no specific definition of "national
interest." A proposed regulation defining "national interest" was issued by
INS in June 1995 but has not been finalized. An INS appeals board issued a decision in
1992 that sets forth a number of factors upon which "national interest" may be
determined. The factors are:
- Improving the U.S. economy;
- Improving wages and working conditions of U.S. workers;
- Improving education and training programs for U.S. children and underqualified workers;
- Improving health care;
- Providing more affordable housing for young and/or older, poorer U.S. residents;
- Improving the environment of the United States and making more productive use of natural
resources; or
- A request from an interested U.S. government agency.
While satisfying any one of these factors should be sufficient, a discussion of as many
of these factors as possible makes a stronger application. These factors are not
exclusive, and other factors also can be presented to the INS if they can be shown to be
in the "national interest."
Please see the most recent INS restrictions on
national interests waivers
Some examples of approved national interest waiver cases include:
Research Scientist
Documentation:
- Letters of recommendation of researchers in the field;
- Publication of applicant's articles;
- Proof of participation in major scientific meetings;
- Proof of membership in honor societies & professional associations;
- Educational qualifications; and
- Other articles (newspaper, journals, politicians) in support.
Geologist
Documentation:
- Applicant's publications in books and journals;
- Citations in others' work to applicant's work;
- Geological awards & memberships in professional organizations; and
- Testimonials from colleagues.
University researcher in advances ceramics-matrix composites used in
high-performance jet engines
Documentation:
- Letters from professors under which applicant studied & researched in the United
States;
- Copies of articles co-authored by the applicant;
Government publications regarding the significance of the research; and
- Proof of applicant's membership in professional societies.
Primary Care Physician
Documentation:
- Articles in medical journals and newspapers regarding shortage of family medicine
practitioners; and
- Evidence of how applicant would improve health care in the United States.
Ethnic newspaper publisher and writer Was an award-winning journalist in his
home country; started a foreign language newspaper in the United States
Documentation:
- Letters from prominent business and political leaders praising the impact of the
newspaper;
- Letters of support from writers in the home country;
- Proof of applicant's publications and awards;
- Copies of the foreign newspaper, showing advertisers; and
- Letters of support from readers.
Volunteer Coordinator at a non-profit homeless services agency who recruits
other volunteers in professional and non-professional disciplines
Documentation:
- Affidavits from officers of charitable organizations regarding dependence on volunteer
services as alternatives to governmental programs; and
- Affidavits and documents from community and civic leaders as to the positive and
measurable effect of applicant's efforts on lives of indigent homeless and on urban
spirit.
General Counsel for a large Japanese manufacturing corporation
Documentation:
- Letters from the presidents of two related companies;
- Letters from outside attorneys and human resources personnel; and
- Letters from a California state agency.
Budget Analyst for an accounting firm with a contract at NASA
Documentation:
- Letter from NASA regarding the improvement of budget and accounting systems in NASA
showing how this will improve the U.S. economy; contributed to by the applicant because of
her skills and knowledge in computer technology and accounting;
- Letter of 14 personnel at Resource Management Office of NASA;
- Certification of 5 years work experience;
- Letters of nomination for Ames Honor Awards;
- Copy of projects participated in; and
- Copy of group achievement award from NASA.
Post-doctoral Research Assistant in auto immune diseases of the kidney and
lung
Documentation:
- Documentation regarding recent research achievements and international recognition;
- Letter of support from the Department of Health and Human Services;
- Applicant's international scientific articles;
- Proof of invited participation in Gordon Research Conference;
- Letters of recommendation from other researchers in the field; and
- Applicant's educational qualifications.
Instructional Designer in computer-assisted instruction working on a
training project with a defense industry contractor
Documentation:
- Government agency request;
- Letters from college professors and training industry publications regarding the
benefits of computer-assisted instruction;
- Letter from employer emphasizing applicant's key role and credentials; and Congressional
support letter.
Neurosurgery Researcher and Surgeon
Documentation:
- Testimonials from colleagues in the field regarding applicant's unique abilities and
potential contributions to treatment methods for cancerous conditions; and
- Letter from Kaiser Permanente.
For further information on these or any other immigration issues, please contact True, Walsh & Miller, LLP.