National Interest Waiver Requirements Ease as USCIS Increases Flexibility of EB-2 Green Card

  • The 1998 standard has been vacated.
  • A new test is in place.
National Interest Waiver

Frustrated with the time-consuming PERM labor certification process? Soon it might be easier for you to sponsor an individual for an EB-2 Advanced Worker green card category.

Recently the Administrative Appeals Office (AAO) of U.S. Citizenship and Immigration Services vacated its standard test for determining who’s eligible for the national interest waiver. The waiver eases the green card application process for organizations as it allows them to bypass the lengthy PERM process. This tests the labor market to ensure there are no willing and able U.S. citizens to assume the green card role.

The AAO outlined a new set of requirements that removes the burden of proving the national interest of the United States would be adversely impacted if the petitioner were required to complete the PERM process. Now, in addition to proving the work is in an area of “substantial merit” and of national importance, the applicant must be well-suited to the role and it must be beneficial to the United States to waive the labor certification requirements.

This adds a great amount of flexibility to the green card process for applicants who may meet the requirements. As more information about this new standard becomes available we’ll update this post.