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EB-2: National Interest Waiver

National interest waiver is the process permitting an exception from the job offer and the Labor Certification requirement, a mandatory process for employment-based petitions, on the basis of national interest of the United States.

National interest waivers are usually granted to foreign nationals in a wide variety of fields, 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.

Criteria:

  • The proposed endeavor has both substantial merit and national importance.
  • You are well positioned to advance the proposed endeavor.
  • It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.