National Interest Waiver
Our firm has successfully represented clients in National Interest Waiver Petition cases, view our National Interest Waiver Petition Success Stories.
In order to obtain a green card through a National Interest Waiver, an alien must establish his past record justifies projections of future benefits to the national interest through the three-part test set forth in Matter of New York State v. Department of Transportation ("NYSDOT").
The first NYSDOT factor is whether the individual seeks to work in an area of "substantial intrinsic merit" related to the general welfare of the United States. The second NYSDOT factor is whether the benefit of the alien's proposed activity will be "national in scope."
The third NYSDOT factor is whether "the alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications," so that the avoidance of the labor certification process (designed to locate any minimally qualified U.S. worker and intending to protect job opportunities of U.S. workers) is justified. To satisfy this third National Interest Waiver NYSDOT factor, the beneficiary must demonstrate a "track record of success" "with some degree of influence on the field as a whole" including evidence from unbiased proponents and concrete documentation of past success. It is necessary to explain the importance of the work and its widespread impact at the national level, showing that contributions from the continued employment of the alien in the United States will significantly outweigh peers. Independent opinions are a critical component of a successful National Interest Waiver petition.