National Interest Waiver

Exempt from the Labor Certification (PERM) and specific job offer requirement, is available for the Second Preference Employment Based Permanent Resident Petitions (green cards) if the USCIS (US Citizenship and Immigration Services) determines that such an exemption would be in the National Interest.   When considering the national interest waiver application the USCIS considers the following:

1. whether the alien seeks employment in an area of substantial intrinsic merit;
2. whether the proposed benefit from employment will be national in scope;
3. whether the proposed benefit outweighs the inherent national interest of protecting U.S.  workers through the Labor Certification Process (PERM).