1. THE FOREIGN NATIONAL’S PROPOSED ENDEAVOR HAS BOTH SUBSTANTIAL MERIT AND NATIONAL IMPORTANCE.
3. THAT, ON BALANCE, IT WOULD BE BENEFICIAL TO THE UNITED STATES TO WAIVE THE REQUIREMENTS OF A JOB OFFER AND THUS OF A LABOR CERTIFICATION
The purpose of the Labor Certification process is to protect the national interests of the United States by ensuring that the wages and working conditions of U.S. workers employed in the same field would not be adversely affected. So, when deciding whether to grant a waiver, USCIS looks at all of the evidence to see whether the national benefits considered are more important than the national interests at risk in the Labor Certification process. Some of the documentation that is important to demonstrate that waiving the Labor Certification requirement would benefit the national interests of the United States includes:
- Whether, in light of the nature of the foreign national’s qualifications or proposed endeavor, it would be impractical either to secure a job offer or to obtain a labor certification. For example, the labor certification process may prevent a U.S. employer from sponsoring a foreign national with unique knowledge or skills that cannot easily be articulated in a labor certification.
- It may be impractical for an entrepreneur or self-employed inventor, when advancing an endeavor on his or her own, to secure a job offer from a U.S. employer.
- Even if other qualified U.S. workers are available, can it be shown that the United States would still benefit from the foreign national’s contributions.
- Whether the national interest in the foreign national’s contributions is sufficiently urgent to warrant forgoing the labor certification process.