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 an advanced degree or exceptional ability and whose employment in the United States would greatly benefit the nation.  

Advanced Degree 

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. 

Exceptional Ability 

You must meet at least three of the criteria below: 

1. 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 

2. Letters documenting at least 10 years of full-time experience in your occupation 

3. A license to practice your profession or certification for your profession or occupation 

4. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability 

5. Membership in a professional association(s) 

6. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations 

Criteria for National Interest Waiver 

1. The proposed endeavor has both substantial merit and national importance. 

2. You are well positioned to advance the proposed endeavor. 

3. It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.