An national interest waiver is for advanced degree/exceptional ability workers who are seeking an exemption from the labor certification process and job offer requirement. The labor certification process is discussed in the EB2 and EB3 overview. To be qualified for a national interest waiver, in addition to meeting the requirements for EB2, the worker’s presence must prospectively substantially benefit the national economy, cultural or educational interests, or welfare of the United States.
There is not specific statutory definition of “national interest,” however a petitioner should confirm many relevant societal benefits of tangible national interest. A successful NIW applicant must satisfy a three-pronged test to be granted a waiver of the labor certification requirement.

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Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).