What are National Interest Waivers

Immigrants that meet the requirements may apply for national interest waivers. A national interest waiver is an option that allows a visa applicant a special way to obtain documentation. The applicant must show that they have labor certification that is in the national interest, and therefore they do not require labor certification.

Requirements for National Interest Waivers

There are three main requirements that must be met in order to qualify for a national interest waiver:

  • Must work in an area of intrinsic U.S. merit
  • Your work must be national in scope
  • Prove that the waiver would benefit national interests

These requirements are each very specific, and the applicant must provide complete documentation. All three requirements must be met before an applicant may be considered for a waiver of this type.

Understanding Intrinsic United States Merit

The first requirement establishes your plan for working in the United States. Documentation should include a letter from your employer that specifies the work you will be doing, and how it is important to the United States. You may also include your resume, as well as letters of recommendation and testimonial from experts in your field of work. Also, include any published articles that outline the company’s important work.

Your Work Must Be National in Scope

Although your employer may be located in a specific city, the work that they do must be of benefit to the entire country. To meet this requirement you must provide documentation that includes reports and published articles showing the importance of the work on a national level. Provide copies of contracts or agreements indicating the level of importance of the work you will be doing. Obtain a letter from a noted expert in the field stating the importance of the work to the United States.

Show How the Waiver Would Be of Benefit

Finally, you must show how obtaining a waiver would be of benefit to the country. To prove this part you should provide evidence that shows that you would have a profound and important impact and influence on the body of work in the United States. Your abilities must be substantially more important than colleagues in the same area of employment. Provide information showing your specific prior achievements and how they would be of benefit to the United States.

The national interest waiver is not a common request. However, if you meet the requirements it offers a very good way to obtain legal status in this country. Because of the complex nature of national interest waivers, it may be beneficial to get help from a qualified immigration attorney. Contact Udall Shumway PLC to schedule a consultation today.


This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding National Interest Waivers, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.