National Interest Waivers 

Generally, an alien must have a valid job offer and an approved labor certification. However, the labor certification process may be waived if it is in the national interest to do so. To qualify for exemption of the labor certification process you must be submit a statement supporting claim your claim which includes in part the following proof (which must be substantial in nature):

• improving the U.S. economy;
• improving wages and working conditions for U.S. workers;
• improving education and programs for U.S. children and underqualified workers;
• improving health care;
• providing more affordable housing;
• improving the U.S. environment and making more productive use of natural resources; and
• interested government agency request.

It must be noted that a recent Administrative Appeals Unit decision regarding the National Interest Waiver has now made this category a much more difficult benefit to obtain. You must now prove prospectively that the U.S.A. will benefit on a national level (regional is no longer sufficient), from the alien exemptions from the labor certification process.