How does USCIS determine whether waiving the Labor Certification is in the national interest?

When reviewing an EB-2 NIW petition, USCIS decides whether waiving the Labor Certification requirement is justified by evaluating whether the applicant’s work serves the national interest. The job offer requirement is set aside when the proposed work carries enough significance to warrant that waiver.

This evaluation is qualitative and made on a case-by-case basis. In general, the review tends to weigh:

• The merit and importance of the proposed work for strategically relevant fields in the country.
• Whether the applicant is well positioned to advance that work, supported by evidence such as publications, awards, and recommendation letters.
• Whether, on balance, the benefits of waiving certification outweigh the interests protected by the standard Labor Certification process.

There is no fixed score or formula: USCIS decides based on the overall body of evidence submitted. It is therefore advisable to review the current criteria on the USCIS website and assess your profile with a qualified specialist before filing.

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Victoria Harper

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.